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CODE TITLES WITH THEIR VOLUME NUMBERS 



Volume 1. 

1. Administration of the Government. 

2. Aeronautics. 

3. Agriculture. 

4. Alcohol and Alcoholic Beverages. 

5. Amusements and Athletic Contests. 

6. Animals. 

7. Appeals. 

8. Banking, Commercial Paper and Fi- 

nance. 

9. Boards and Commissions. 

10. Civil Remedies and Procedure. 

11. Contracts and Agency. 

12. Corporations. 

Volume 2. 

13. Cotton. 

14. Counties. 

15. Courts. 

16. Crimes and Offenses. 

17. Criminal Procedure. 

18. Dams and Drains ; Sanitary and 

Drainage Commissions and Dis- 
tricts. 

19. Decedents' Estates. 

20. Domestic Relations. 

Volume 3. 

21. Education. 

22. Educational Institutions. 

23. Elections. 

24. Electricity. 

25. Eminent Domain. 

26. Evidence. 

27. Fees and Costs. 

28. Fish, Game, etc. 

29. Forestry. 

30. General Assembly. 

31. Guardian and Ward. 

32. Health. 

Volume 4. 

33. Highways, Bridges and Ferries. 

34. Homestead and Other Exemptions. 

35. Hotels, Boarding Houses, Restaurants 

and Tourist Camps. 



36. Housing and Redevelopment. 

37. Insurance. 

38. Juries and Jurors in Circuit Courts. 

39. Jurisdiction of State and United 

States. 

40. Labor and Employment. 

41. Landlord and Tenant. 

42. Libraries. 

43. Magistrates and Constables. 

44. Military, Civil Defense and Veterans' 

Affairs. 

45. Mortgages and Other Liens. 

46. Motor Vehicles. 

Volume 5. 

47. Municipal Corporations. 

48. Names. 

49. Notaries Public and Commissioners 

of Deeds. 

50. Officers and Employees. 

51. Parks and Playgrounds. 
Partnerships and Joint Stock Com- 
panies. 

Peace Officers. 

Ports and Maritime Matters. 
Prisons and Other Methods of Cor- 
rection. 

56. Professions and Occupations. 

57. Property and Conveyances. 

58. Public Service Companies. 



52. 

53, 

54 

55 



Volume 6. 



59. 



Public Works and Certain Public Au- 
thorities. 

60. Registration and Recordation. 

61. Retirement Systems. 

62. Securities. 

63. Soil Conservation and Improvement. 

64. Sundays, Holidays and Other Special 

Days. 

65. Taxation. 

66. Trade and Commerce. 

67. Trusts and Fiduciaries. 

68. Unemployment Compensation. 

69. Warehouses. 

70. Waters and Watercourses. 

71. Welfare. 

72. Workmen's Compensation. 

BUREAU OF Pu.L-;^ -,> 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 



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in 2011 with funding from 

LYRASIS Members and Sloan Foundation 



http://www.archive.org/details/codeoflawsof05sout 



CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



IN EIGHT VOLUMES 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



VOLUME 5 



THE MICHIE COMPANY 
Charlottesville, Va. 

THE LAWYERS CO-OPERATIVE PUBLISHING CO. 
Rochester, N. Y. 

1952 



Copyright 1952 

by 

The State of South Carolina 



Table of Contents 



VOLUME 5 



Title 47. 

Municipal Corporations. 
Chapter Page 

1. General Provisions, §§ 47-1 to 47-74 1 

2. Towns of Less Than One Thousand Inhabitants, §§ 47-101 to 47-176 24 

3. Cities and Towns of Over One Thousand Inhabitants Generally, 

§§ 47-201 to 47-280 37 

4. Towns Between One Thousand and Five Thousand Inhabitants, 

§§ 47-301 to 47-329 52 

5. Cities of Over Five Thousand Inhabitants, §§ 47-351 to 47-409 58 

6. Commission Form of Government, §§ 47-451 to 47-675 68 

7. Civil Service Commissions, §§ 47-701 to 47-784 102 

8. Financial Matters Generally, §§ 47-802 to 47-952 116 

9. Zoning and City Planning, §§ 47-1001 to 47-1 113 142 

10. Building Code and Prevention of Fires Generally, §§47-1151 to 47- 

1261 168 

11. Streets and Sidewalks Generally, §§ 47-1301 to 47-1358 191 

12. Cemeteries and Cemetery Commissions, §§ 47-1401 to 47-1456 205 

13. Miscellaneous Local Provisions, §§ 47-1501 to 47-1711 210 

Title 48. 
Names. 

1. Names of Business Establishments, §§ 48-1 to 48-4 227 

2. Change of Name, §§ 48-51 to 48-55 228 

Title 49. 
Notaries Public and Commissioners of Deeds. 

1. Notaries Public, §§ 49-1 to 49-12 231 

2. Commissioners of Deeds, §§ 49-51 to 49-55 233 

Title 50. 
Officers and Employees. 

1. General Provisions, §§ 50-1 to 50-10 235 

2. Oaths and Bonds, §§ 50-51 to 50-79 240 

iii 



iv Code of Laws of South Carolina 

Chapter Page 

3. Nepotism, etc., §§ 50-101 to 50-104 250 

4. Absence in Military Service, §§ 50-151 to 50-157 251 

5. Delivery of Books, Records and Moneys to Successor, §§ 50-201 to 

50-205 253 

Title 51. 
Parks and Playgrounds. 

1. State Parks, §§ 51-1 to 51-9 257 

2. Blank 259 

3. Provisions Relating Only to Municipalities, §§ 51-101 to 51-105 259 

4. Provisions Relating to Particular Political Subdivision, §§ 51-151 to 

51-403 260 

Title 52. 
Partnerships and Joint Stock Companies. 

1. Uniform Partnership Act, §§52-1 to 52-79 293 

2. Limited Partnerships, §§ 52-101 to 52-128 309 

3. Joint Stock Companies, §§ 52-151 to 52-155 316 

Title 53. 
Peace Officers. 

1. General Provisions, §§ 53-1 to 53-9 319 

2. Sheriffs and Deputy Sheriffs Generally, §§ 53-51 to 53-234 322 

3. Police Commissioners in Cities of 20,000 to 50,000, §§ 53-251 to 

53-258 355 

4. Police Districts in Unincorporated Communities, §§ 53-301 to 53-313 358 

5. Rural and Other County Police, §§ 53-351 to 53-709 361 

5.1. Certain Special State Constables, §§ 53-731 to 53-736 407 

6. Special Investigator in Fifth Circuit, §§53-751 to 53-756 408 

7. Police Civil Service Commission for Aiken, §§ 53-801 to 53-819 ... 410 

8. Miscellaneous Local Provisions, §§ 53-851 to 53-868 414 

Title 54. 
Ports and Maritime Matters. 

1. South Carolina State Ports Authority, §§ 54-1 to 54-64 421 

2. Port and Terminal Utilities and Commissions in Certain Cities, 

§§ 54-101 to 54-146 433 

3. Blank 440 

4. Shipwrecks, §§ 54-301 to 54-306 440 

5. Offenses Relating to Sailors and Immigrants, §§ 54-351 to 54-361 . . 442 

6. Interference with Navigation, etc., §§ 54-401 to 54-405 445 

7. Miscellaneous Provisions, §§ 54-451 to 54-458 446 



Table of Contents v 

Title 55. 
Prisons and Other Methods of Correction. 

Chapter Page 

1. General Provisions, §§ 55-1 to 55-12 449 

2. Board of State Industrial Schools, §§ 55-51 to 55-63 . , 453 

3. South Carolina Industrial School, §§ 55-101 to 55-107 455 

4. The State Industrial School for Girls, §§ 55-151 to 55-169 458 

5. The John G. Richards Industrial Training School for Xegro Boys, 

§§55-201 to 55-205 , 463 

6. The South Carolina Industrial School for Xegro Girls, §§ 55-251 to 

55-254 ; 464 

7. State Penitentiary, §§ 55-301 to 55-381 465 

8. Jails and Jailers, §§ 55-401 to 55-435 . . 477 

9. County and Municir ;.l Chain Gangs, §§ 55-451 to 53-527 485 

10. Probation, Parole and Pardons. §§ 55-551 to 55-643 497 

11. Miscellaneous Local Provisions, §§ 55-701 to 55-747 507 

Title 56. 
Professions and Occupations. 

1. Accountants, §§ 56-1 to 56-26 513 

2. Architects, §§ 56-51 to 56-63 519 

3. Attorneys at Law, §§ 56-101 to 56-160 , 523 

4. Auctions and Auctioneers, §§ 56-201 to 56-206 533 

5. Barbers and Bartering, §§ 56-251 to 56-277 535 

6. Chiropodists and Chiropody, §§ 56-301 to 56-322 542 

7. Chiropractors and Chiropractic, §§ 56-351 to 56-361 546 

8. Contracting, §§ 56-401 to 56-428 548 

9. Cosmetology and Cosmetologists, §§ 56-451 to 56-482 554 

10. Dentists, Dental Hygienists and Dental Laboratory Technicians, 

§§ 56-501 to 56-636 , . 563 

11. Embalmers, §§ 56-651 to 56-668 583 

12. Engineers and Land Surveyors, §§ 56-701 to 56-740 588 

13. Junk Dealers, §§ 56-751 to 56-784 600 

14. Blank 603 

15. Millers, §§56-851 to 56-852 603 

16. Naturopathy, §§ 56-901 to 56-919 604 

17. Nurses, §§ 56-951 to 56-1018 .' 608 

18. Opticians and Optometrists, §§ 56-1051 to 56-1084 619 

19. Osteopaths and Osteopathy, §§ 56-1 101 to 56-1 1 18 627 

20. Pawnbrokers, §§ 56-1151 to 56-1163 631 

21. Peddlers, Horse Traders, etc., §§ 56-1201 to 56-1273 634 

22. Pharmacists, §§ 56-1301 to 56-1330 645 

23. Physicians and Surgeons, §§ 56-1351 to 56-1374 654 

24. Pilots, §§ 56-1401 to 56-1444 661 

25. Plumbers and Plumbing, §§ 56-1501 to 56-1536 676 

26. Veterinary Medicine and Surgery, §§ 56-1551 to 56-1567 683 



vi Code of Laws of South Carolina 

Title 57. 

Property and Conveyances. 

Chapter p AGE 

1. Estates and Construction of Documents Creating Them, §§ 57-1 to 

57-10 689 

2. Confirmation of Certain Titles, §§ 57-51 to 57-57 694 

3. Land Ownership by Aliens, §§ 57-101 to 57-104 « 698 

4. Titles as to Catawba Indian Lands, §§ 57-151 to 57-155 699 

5. Escheats, §§ 57-201 to 57-240 701 

5.1. Confiscation of Certain Property, §§ 57-241 to 57-242 707 

6. Form and Execution of Conveyances, §§ 57-251 to 57-253 708 

7. Parol, Fraudulent and Other Void Gifts or Conveyances, §§ 57-301 

to 57-310 710 

8. Assignments for the Benefit of Creditors, §§ 57-351 to 57-366 720 

9. Betterments, §§ 57-401 to 57-410 731 

10. Miscellaneous Provisions, §§ 57-451 to 57-455 736 

Title 58. 
Public Service Companies. 

1. General and Miscellaneous Provisions, §§ 58-1 to 58-17 740 

2. The Public Service Commission, §§ 58-51 to 58-63 746 

3. Commission Regulation of Gas, Heat, Water and Street Railway 

Companies, §§ 58-101 to 58-135 749 

4. Other Provisions Affecting Gas or Water Companies, §§ 58-151 to 

58-155 758 

5. Provisions Affecting Express and Telegraph Companies, §§ 58-201 

to 58-202 760 

6. Provisions Affecting Telegraph Companies Only, §§ 58-251 to 58-256 761 

7. Provisions Affecting Telegraph and Telephone Companies, §§ 58-301 

to 58-316 765 

8. Provisions Affecting Telephone Companies Only, §§ 58-351 to 58- 

495 771 

9. Provisions Relating to Carriers Generally, §§ 58-551 to 58-634 792 

10. Certain Provisions Affecting Railroad, Street Railway, Steamboat 

and Canal Companies, §§ 58-651 to 58-835 809 

11. The General Railroad Law, §§ 58-851 to 58-1275 850 

12. Electric, Interurban and Street Railways, §§ 58-1301 to 58-1366 ... 939 

13. Motor Vehicle Carriers, §§ 58-1401 to 58-1661 948 

14. Bills of Lading, §§ 58-1701 to 58-1777 984 



CODE OF LAWS OF SOUTH CAROLINA 

1952 

Title 47. 
Municipal Corporations.* 

Chap. 1. General Provisions, §§ 47-1 to 47-74. 

2. Towns of Less Than One Thousand Inhabitants, §§ 47-101 to 47- 

176. 

3. Cities and Towns of Over One Thousand Inhabitants Generally, 

§§ 47-201 to 47-280. 

4. Towns Between One Thousand and Five Thousand Inhabitants, 

§§ 47-301 to 47-329. 

5. Cities of Over Five Thousand Inhabitants, §§ 47-351 to 47-409. 

6. Commission Form of Government, §§ 47-451 to 47-675. 

7. Civil Service Commissions, §§ 47-701 to 47-784. 

8. Financial Matters Generally, §§ 47-S02 to 47-952. 

9. Zoning and City Planning, §§ 47-1001 to 47-1113. 

10. Building Code and Prevention of Fires Generally, §§ 47-1151 to 47- 

1261. 

11. Streets and Sidewalks Generally, §§ 47-1301 to 47-1358. 

12. Cemeteries and Cemetery Commissions, §§ 47-1401 to 47-1456. 

13. Miscellaneous Local Provisions, §§ 47-1501 to 47-1711. 



CHAPTER 1. 

General Provisions. 



Charters, Change of Classification, etc. 



Article 1. Sec. 

47-5. Officers in such case to serve out 
their terms. 

Sec. 47-6. Salary of mayor not affected by char- 

47-1. Effect of incorporation under general ter surrender and reincorporation. 

laws. 47-7. Incorporated towns of Darlington 

47-2. Municipal charters perpetual. County may become cities. 

47-3. How city and town charters may be 47-8. Township boards of commissioners 

amended. incorporated. 

47-4. Entry of municipality into higher 
class. 



* For constitutional provision against incorporating a municipal corporation by special 
law, see S. C. Const., Art. 3, § 34. For other constitutional provisions concerning munic- 
ipal corporations, see S. C. Const., Art. 8, §§ 1 to 14. As to administration of the govern- 
ment generally, see Title 1. As to counties generally, see Title 14. As to officers and 

[5 SC Code] — I 1 



Code of Laws of South Carolina 



Article 2. 

Extension or Reduction of Corporate 
Limits. 

Sec. 

47-11. Power to extend. 

47-12. Petition for annexation. 

47-13. Agreement upon terms of consolida- 
tion. 

47-14. Order of election. 

47-15. Notice of election. 

47-16. Conduct of election. 

47-17. Result and effect thereof; publica- 
tion. 

47-18. Filing notice with Secretary of State. 

47-19. Alternate method when entire area 
owned by corporation. 

47-20. Extension of limits to include ceme- 
teries. 

47-21. Annexation of territory completely 
surrounded by corporate limits of 
municipalities of 60.000 to 70,000. 
1940 census. 

47-22. Time within which contest on exten- 
sion of municipal limits must be 
instituted. 
47-23. How corporate limits reduced. 
47-24. Definition of "municipality". 

Article 3. 

Annexations by Greenville. 

47-31. Election on extending corporate 



Sec. 

47-33. Voting at election and effect of elec- 
tion. 

47-34. Terms and conditions of annexation; 
districts and powers thereof. 

47-35. May hold elections on several annex- 
ations on same day. 

47-36. Assessment of taxes in newly an- 
nexed territory. 

47-37. Annexed areas relieved of county 
garbage collection taxes. 

47-38. Subsequent elections; territory. 

47-39. Article cumulative. 



Article 4. 
Election of Mayors and Councils. 

47-51. General rule as to election when 
municipality divided into wards. 

47-52. Same; provisions inapplicable in cer- 
tain cities. 

47-53. Same; special provision for Ander- 
son and Williamston. 

47-54. Same; special provisions for Chester. 

47-55. Same; special provisions for Clin- 
ton and Laurens. 

47-56. Same; special provisions for New- 
berry. 

Article 5. 

General Powers and Liabilities. 

47-61. Rules or ordinances for police gov- 
ernment. 
47-62. Certain monopolies not to be granted. 



limits. 
47-32. Petition for election. 
»™nWes g enerally see Title 50. As to South Carolina retirement system, see §§ 61-1 to 
?: T As g : Q muni'cipa 6 ! courts, see §§ 15-901 to 15-1073. As to : mumcipa chain gangs 
and use of county chain gangs in mumcipa I corpor.t»« see § 55-464 ^ *_. £ 
maintenance ot municipal convicts, see § 55-482. ror P^'£ , entences for less 

rnnvicts shall work on countv chain gangs, see § 17-554. As to w nere sciucw. 
con\icts snail wuiis u nower of eminent domain generalh . 

than six months to be served, see § 17-535 1. A to power u municipal 

see Title 25. As to proof of ordinances of municipalities, see § 26-51. As to mumcipa 
see iiLic k mun cipal hospitals, see §§ 32-801 to JZ-O/1. 

boards of health, see §§ 32-61 to At. yu. as to v V-H'6 4.s to rights of 

As to water, sewerage and garbage generally, see §§ 32-1201 to i. 1JZO. as i to rig 
municipal corporation in drainage improvement going through its limits, see J 8-331. A 
to Sty for' repairs to drainage improvement within corporate hrmts, see § 18-332 .A 
to when bridee or right of wav of corporation affected, see & 18-527. As to power _ o 
Pol of municipal coloration to arrest within one mile of corporate hrntts see § 7-25 4. 
As to police commissioners in cities of twenty to fifty thousand see : §§ 53^51 to 53 2J 
As to 'exclusive municipal franchises to fM <£»' ^^ 1 4-50 A^to municipal 
established for electricity by municipal contract or franchise, see s -•* ™ 
electrical plants not being regulated by Public Service C— s^on. -^•A 
persons in armed service being exempt rom <«?£%£*?>*££ §§".42-101 to 
authorities generally, see §§ 36-111 to f 141. as io iiiu y vehicles see S§ 46-282. 

42-126 (Vs to powers of local authorities to regulate operation of _i eh cles see s* 
40-284! As to power of local authorities to put stop sign on traffic sig nal on State htghway. 
see §§46-283, 46-302, 46-303. As to >°™*^«^£^^^£J2* 
As to speed limits by local authorities, see §§ 46-368 S to 46 ^3 1. 46 66 • ^ b 

regulation of pedestrians' rights and duties. ■«»^J^ t '^ el| see §§ 46-668 to 
see § 46-655. At to local restrictions on sue load andweghtof v e. JM^ 

46-669. As to public works generally, see litle 5/. As to puwic 
works authorities in general, see Title 59. sc Code j 



§ 47-1 Municipal Corporations § 47-3 

Sec. Sec. 

47-63. Regulation of markets. 47-71. Liability for negligent operation of 

47-64. Inspection; penalty for obstructing. motor vehicles. 

47-65. Ordinances to be obeyed; revocation 47-72. No license fee for sale of meats, etc.. 

of licenses. produced by vendor; exception. 

47-66. Power to abate nuisances. 47-73. Farm and home products may be 

47-67. Segregation of races. marketed without license. 

47-68. Extent of property owned. 47-74. Councils may investigate depart- 

47-69. May own and operate rock quarries; ments and offices; attendance of 

police jurisdiction. witnesses. 
47-70. Causes of action for damages from 

defects in streets, mismanagement, 

etc 

Article 1. 
Charters, Change of Classification, etc. 

§ 47-1. Effect of incorporation under general laws. 

All cities and towns in this State that have a certificate of incorporation 
under the general laws of the State from the Secretary of State are hereby 
declared to be bodies politic and corporate and entitled to exercise all the 
powers and privileges and subject to all the limitations and liabilities pro- 
vided for municipal corporations in this State within the respective classes 
to which they may severally belong, as provided by law. The incorporation 
or corporate capacity of any city or town shall not be attacked in any 
court in this State except on permission of the General Assembly of this State 
granted by special act for that purpose. 

1942 Code § 7453; 1932 Code § 7453; Civ. C. *22 § 4568; Civ. C. '12 § 2924. 

Cited in Whitmire v. Cass, 213 S. C. 230, 
49 S. E. (2d) 1 (1948). 

§ 47-2. Municipal charters perpetual. 

All municipal charters issued by the Secretary of State and also all munici- 
pal corporations heretofore created by acts of the General Assembly shall 
be, and are hereby declared to be, perpetual. But nothing contained in this 
section shall be deemed or taken to prevent the General Assembly from amend- 
ing or repealing any such charter. 

1942 Code § 7225; 1932 Code § 7225; Civ. C. '22 § 4380; Civ. C. '12 § 2986; 1904 (24) 500; 
1918 (30) 778. 

§ 47-3. How city and town charters may be amended. 

The charter articles of incorporation of any city or town in this State, 
whether such city or town was originally incorporated by act of the General 
Assembly or under the general law by the Secretary of State, may be amended 
in any particular, not inconsistent with the Constitution and laws of the 
State, in the manner herein set forth. A petition shall first be submitted to 
the city or town council by a majority of the freeholders of such city or 
town praying that an election be ordered to ascertain whether such amend- 
ment ought to be made or not. Thereupon the council shall order an election, 
after not less than ten days' public advertisement. At such election each 

3 



§ 47-4 Code of Laws of South Carolina § 47-5 

amendment shall be voted upon separately and the tickets or ballots shall be 
prescribed by the council in such a form as to express plainly the will of the 
voter as to each question submitted. At such election the qualified electors 
of the municipality shall be allowed to vote on the question of the proposed 
amendment or amendments at the usual voting places in a box provided for 
the purpose at each voting place. If a majority of the votes cast be ascertained 
and declared to be in favor of any or all of the proposed amendments, the 
council shall publish the result of the election and declare the adopted amend- 
ment or amendments to be a part of the charter of incorporation of such city 
or town, plainly showing the reading of the parts involved as amended, and 
shall forthwith file with the Secretary of State a copy of such declaration. 
Thereupon such adopted and declared amendment or amendments shall stand 
as a part of the charter of incorporation of such city or town. 

1942 Code § 7224; 1932 Code § 7224; Civ. C. '22 § 4379; Civ. C. '12 § 2985; Civ. C. '02 
§ 1996; 1899 (23) 71. 

This section is permissive and directory, Cited in Enterprise Real Estate Co. v. 

and has no effect on prior existing char- Charleston, 107 S. C. 492, 93 S. E. 184 

ters. Hill v. Abbeville, 59 S. C. 396, 38 S. (1917). 
E. 11 (1901). 

§ 47-4. Entry of municipality into higher class. 

When any city or town incorporated under the general laws of the State 
and classified on the basis of population at the time of its incorporation there- 
under shall thereafter attain, by the then last preceding United States census, 
the increase in population requisite for eligibility in the next higher class 
of cities and towns classified by law according to population, such city or town 
shall thereupon automatically enter such next higher class and become in- 
corporated under the general laws of the State applicable to other cities and 
towns in such next higher class, with all the rights, privileges and obliga- 
tions of any other city or town of such next higher class. 

And for all purposes the incorporation of any such city or town shall be 
deemed complete under the laws governing cities and towns of such newly 
entered class upon the mayor or attendant filing with the Secretary of State 
a certificate setting forth that such city or town was theretofore incorporated 
under the general laws of the State applicable to cities and towns of its then 
population and that by the last preceding United States census the population 
of such city or town makes it eligible to such next higher class. 

1942 Code § 7229-1; 1932 (37) 1181. 

Cross reference. — As to entry into next the commission form of government, see 
highest class by cities operating under §§ 47-621 to 47-623. 

§ 47-5. Officers in such case to serve out their terms. 

All officers, including the mayor or intendant and aldermen or wardens, in 
office at the time of the entry of any city or town into the next higher class 
as provided in § 47-4, shall continue in office until the expiration of their re- 
spective terms for which they were elected and at the next succeeding general 
election for mayor or intendant in any such city or town such officers shall be 

4 



§47-6 Municipal Corporations §47-11 

elected as any such city or town may be entitled to under the law governing 
cities and towns of such newly entered class. 
1942 Code § 7229-1; 1932 (37) 1181. 

§ 47-6. Salary of mayor not affected by charter surrender and reincorporation. 

The salary of the mayor or intendant of any city or town in the State shall 
be and remain the same after any such city or town shall have surrendered its 
charter and such city or town has been reincorporated under the general laws 
of the State that it was prior to the reincorporation of such city or town, 
until such salary shall be changed by law. 

1942 Code § 7239; 1932 Code § 7239; Civ. C. '22 § 4394; Civ. C. '12 § 2996; 1909 (26) 148. 

§ 47-7. Incorporated towns of Darlington County may become cities. 

Any of the incorporated towns in Darlington County may become a city 
upon the adoption by the town council of the town by unanimous vote of an 
ordinance providing for a change in the corporate name from the "Town of 

(whatever may be its name)" to the "City of (such name)" 

and by duly filing a certified copy of such ordinance in the office of the Sec- 
retary of State. 

1949 (46) 1146. 

§ 47-8. Township boards of commissioners incorporated. 

In those counties in which township boards of commissioners have not been 
abolished such boards are corporations and their corporate names shall be "the 

township board of township," the blank to be filled with the 

name of the township. 

1942 Code § 5812; 1932 Code § 5812; Civ. C. '22 § 2906; Civ. C. '12 § 1932; 1902 (23) 99S. 

Article 2. 

Extension or Reduction of Corporate Limits. 

§47-11. Power to extend. 

Any city or town council' may extend the corporate limits of such city or 

town in the manner set forth in this article. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

Section does not violate due process of territory to pay a pre-existing indebtedness 

law. — The extension of the boundaries of of the municipality to which it has been 

a municipal corporation is not unconstitu- added. Harrell v. Columbia, 216 S. C. 346, 

tional because depriving the people of the 58 S. E. (2d) 91 (1950). 

annexed territory of their property without Or constitutional form of taxation. — This 

due process of law; especially by reason of section does not violate S. C. Const., Art 

additional taxation arising out of the exist- 1, § 7, relating to constitutional protection 

ing indebtedness of the municipal corpora- against taxation without representation, 

tion. Harrell v. Columbia, 216 S. C. 346, Harrell v. Columbia, 216 S. C. 346, 58 

58 S. E. (2d) 91 (1950). S. E. (2d) 91 (1950). 

A statute providing for the annexation Annexation is governed by this section, 

of territory to an existing municipality is S. C. Const., Art. 8, § 2 has no application. 

not objectionable because it may result in Whitmire v. Cass, 213 S. C. 230, 49 S. E. 

the taxation of property within the annexed (2d) 1 (1948). 



§ 47-12 Code of Laws of South Carolina § 47-14 

And is within public policy. — The con- policy. Whitmire v. Cass, 213 S. C. 230, 

solidation by annexation of contiguous ur- 49 S. E. (2d) 1 (1948). 

ban areas under one municipal government Cited in Davis v. Cayce, 166 S. C. 372, 

has been encouraged by legislative enact- 164 S. E. 883 (1932). 
ment of this section and § 47-13 as a public 

§ 47-12. Petition for annexation. 

To effect any such extension a petition shall first be submitted to the council 

by a majority of the freeholders of the territory which it is proposed to annex, 

accompanied by an adequate description thereof, praying that an election be 

ordered to see if such territory shall be included in the city or town. 

1942 Code §7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

Majority must sign petition. — Act con- such finding was not more fully set out in 

firming town annexation election on peti- the minutes of the meeting of the city coun- 

tion not signed by majority of freeholders cil. Harrell v. Columbia, 216 S. C. 346, 58 

in territory annexed, as required by this S. E. (2d) 91 (1950). 

section, was held unconstitutional as spe- Adequate description of land proposed for 

cial legislation. Lancaster v. Town Council annexation. — Adequate description may be 

of Brookland, 160 S. C. 150, 158 S. E. 233 made by references to roads, drives, high- 

(1931). ways, and adjacent boundaries which are 

Which is sustained in absence of fraud. — clearly expressed. It is not necessary that 

Where there are no charges or evidence reference to a map or a plat be made a part 

of fraud, or evidence of absence or mistake, of the description as that is not warranted 

the determination of the city council that by the language of this section. Harrell v. 

petitions had been signed by a majority of Columbia, 216 S. C. 346, 58 S. E. (2d) 91 

freeholders will not be set aside because (1950). 

§ 47-13. Agreement upon terms of consolidation. 

Whenever it is proposed to extend the corporate limits of any city or town 
in this State under the provisions of this article when the territory proposed 
to be annexed be in whole or in part in an incorporated municipality the city 
or town and such adjacent territory may stipulate and agree upon terms of 
consolidation, and such stipulations shall become a binding contract upon the 
city or town when enlarged, if such stipulations shall be printed in full, or 
fully identified by reference to some easily accessible publication in full there- 
of, on the ballots used at the election held under the provisions of this article 
both in the city or town seeking enlargement and in the territory or portion 
of the territory sought to be included. 

1942 Code § 7231; 1932 Code § 7231; Civ. C. '22 § 4386; Civ. C. '12 § 2992; 1911 (27) 22. 

Annexation is within public policy. — The by legislative enactment of this section and 

consolidation by annexation of contiguous §47-11. Whitmire v. Cass, 213 S. C. 230, 

urban areas under one municipal govern- 49 S. E. (2d) 1 (1948). 
ment has been encouraged as public policy 

§ 47-14. Order of election. 

If the city or town council shall find that the petition filed pursuant to 
§ 47-12 has been signed by a majority of the freeholders within the territory 
proposed to be annexed, it shall certify that fact to the county commis- 
sioners of elections of the county in which the territory is situated. There- 
upon, the county commissioners of elections shall order an election to be held 

6 



§47-15 Municipal Corporations §47-16 

within the corporate limits of the municipality and within the territory pro- 
posed to be annexed to such municipality, on the same date, on the question 
of extension of the corporate limits of the municipality by annexation of the 
territory proposed to be annexed. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

Majority must sign petition. — See note to 
§47-12. 

§47-15. Notice of election. 

The county commissioners of elections shall give at least ten days notice 
prior to the date set for such election by notice signed by the county com- 
missioners of elections and posted in three conspicuous places within the 
corporate limits of the municipality and also three conspicuous places within 
the territory proposed to be annexed to the municipality or by similar notice 
published ten days prior to the time set for such election in a newspaper of 
general circulation within the corporate limits of the municipality and within 
the territory proposed to be annexed thereto. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

Sufficiency of notice. — There was suffi- be annexed, and four days before election 

cient compliance with the requirements of another notice was published setting forth 

ten days' notice of the election where no- the polling places and giving the names of 

tice was published in a newspaper fifty- the managers and clerks. Harrell v. Colum- 

one days before the election, giving the date bia, 216 S. C. 346, 58 S. E. (2d) 91 (1950). 
of the election and territories proposed to 

§ 47-16. Conduct of election. 

The election so ordered shall be a special election and not a municipal elec- 
tion and shall be held, regulated and conducted in accordance with the rules, 
regulations and provisions prescribed by chapters 5 and 7 of Title 23 except 
as in this article otherwise provided. Registered qualified electors residing 
within the corporate limits of the municipality and registered qualified electors 
residing within the territory proposed to be annexed to the municipality 
shall have the same qualifications to vote in such election as are 
required of registered qualified electors to vote in State and county general 
elections. At such election the registered qualified electors residing within the 
corporate limits of the municipality shall vote at the usual voting precincts there- 
of in boxes provided for that purpose and the registered qualified electors re- 
siding within the territory proposed to be annexed to the named municipality 
shall vote in a separate box or boxes to be provided for such purpose within 
the territory proposed to be annexed and in a precinct or precincts to be des- 
ignated therein by the county commissioners of elections. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

Constitution controls election. — Election This section provides for no special regis- 

held hereunder is controlled by S. C. Const., tration. Whitmire v. Cass, 213 S. C. 230, 

Art. 2, §2. Gunter v. Gayden, 84 S. C. 48, 49 S. E. (2d) 1 (1948). 
65 S. E. 948 (1909). 

7 



§47-17 Code of Laws of South Carolina §47-21 

§47-17. Result and effect thereof ; publication. 

The votes cast in such election within the corporate limits of the munici- 
pality and the votes cast within the territory proposed to be annexed to the 
named municipality shall be counted separately and the results thereof declared 
separately. The county commissioners of elections shall certify the result of such 
election to the governing body of the municipality. If a majority of the votes cast 
by the qualified electors of the municipality and of the territory proposed to 
be annexed, each aggregated separately, shall each be in favor of the annexa- 
tion or if neither gives a majority against the annexation, then the 
council shall publish the result of such election and declare the annexed ter- 
ritory a part of the city or town. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1S96 (22) 82; 1897 (22) 459; 1901 (23) 65S; 1948 (45) 1974. 

§ 47-18. Filing notice with Secretary of State. 

Any city or town increasing its territory shall file a notice with the Secretary 

of State describing its new boundaries. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1S96 (22) 82; 1897 (22) 459; 1901 (23) 65S; 1948 (45) 1974. 

§ 47-19. Alternate method when entire area owned by corporation. 

If the entire area proposed to be annexed belongs to a corporation only, it 

may be annexed on the petition of the stockholders of such corporation. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 4385; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

§ 47-20. Extension of limits to include cemeteries. 

Any city or town may extend its corporate limits so as to include any or all 

cemeteries adjoining such city or town, for the purposes only of police and 

sanitary measures, by the passage of an ordinance declaring them to be a 

portion of such city or town. But the inclusion of such cemeteries shall not 

give to the city or town the right to tax them in any manner whatsoever. 

1942 Code § 7232; 1932 Code § 7232; Civ. C. '22 § 4387; Civ. C. '12 § 2993; Civ. C. '02 
§ 1998; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658. 

§ 47-21. Annexation of territory completely surrounded by corporate limits of 
municipalities of 60,000 to 70,000, 1940 census. 
Any territory or area which had before June 17 1949 become completely 
surrounded by the corporate limits of a municipality of this State whose 
population by the 1940 United States census was more than sixty thousand 
and less than seventy thousand may be made a part of and annexed to such 
city by public declaration of its city council or other governing body declaring 
such territory to be a part of and annexed to the municipality and upon such 
declaration such territory shall become a part of such municipality. But the 
city council or other governing body shall not make such public declaration 
unless and until a majority of the freeholders of the surrounded territory shall 
have petitioned the city council or other governing body, by written petition 
signed by a majority of such freeholders, to declare publicly the territory to 

8 



§ 47-22 Municipal Corporations § 47-31 

be a part of the city and annexed thereto. The majority of the freeholders of 
the territory shall be determined according to the auditor's tax duplicate rolls 
of the county in which the city is located. This section shall not restrict or 
prevent the annexation of any such surrounded territory in the manner other- 
wise provided by law but shall be cumulative in its effect and construed to 
provide an additional manner and procedure for annexation. 
1949 (46) SS4. 

§ 47-22. Time within which contest on extension of municipal limits must be 
instituted. 

When the limits of a city or town shall be ordered extended no contest 
thereabout shall be allowed unless the person interested therein shall, within 
sixty days after the result has been published or declared, file with both the 
clerk of the city or town and with the clerk of court of the county in 
which the city or town is situate, a notice of his intention to contest such ex- 
tension, nor unless, within ninety days from the time the result has been pub- 
lished or declared an action shall be begun and the original summons and 
complaint filed with the clerk of court of the county in which the city or 
or town is situate. 

1946 (44) 1376. 

§ 47-23. How corporate limits reduced. 

Whenever a petition is presented to a city or town council signed by a 
majority of the resident freeholders of the city or town asking for a reduction 
of the corporate limits of the city or town, the council shall order an election 
after not less than ten days' public advertisement. Such advertisement shall 
describe the territory that is proposed to be cut off. If a majority of the 
qualified electors vote at such election in favor of the release of the territory, 
then the council shall issue an ordinance declaring the territory no longer a 
portion of the city or town and shall so notify the Secretary of State, fur- 
nishing him at the same time with the new boundaries of the town. 

1942 Code § 7232; 1932 Code § 7232; Civ. C. '22 § 4387; Civ. C. '12 § 2993; Civ. C. '02 
§ 1998; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658. 

§ 47-24. Definition of "municipality." 

The word "municipality" as used in this article shall be construed to mean 

any incorporated city or town located within this State. 

1942 Code § 7230; 1932 Code § 7230; Civ. C. '22 § 43S5; Civ. C. '12 § 2991; Civ. C. '02 
§ 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974. 

Article 3. 

Annexations by Greenville. 

§ 47-31. Election on extending corporate limits. 

An election may be held at any time or times to determine whether the 
corporate limits of the city of Greenville shall be extended to include any 
lands adjoining or adjacent to the city; provided any "industrial zone" ter- 

9 



§ 47-32 Code of Laws of South Carolina § 47-34 

ritory, as defined in Article 8, section 14, of the Constitution of the State may 
be excluded therefrom. 

1942 Code § 7675-32; 1938 (40) 1867. 

§ 47-32. Petition for election. 

An territory or area, as described in § 47-31 (whether it be in whole or in 
part another incorporated city or town) desiring to annex itself to the city 
of Greenville shall present a petition to the city council of Greenville, signed 
by a majority of the freeholders in the area which it is proposed be annexed, 
praying that an election be ordered to determine if such area or territory shall 
be included in the city of Greenville. Such petition shall include, as a part 
thereof, an accurate map or plat of the area and such map or plat shall clearly 
show such "industrial zone" territory (if any such be included within the 
whole boundary) as may be excluded therefrom. And such petition shall set 
forth the terms and conditions of the proposed annexation as required by § 47- 
34. Upon such petition being presented, if it is found to conform to the re- 
quirements hereof, the city council, by ordinance setting forth the terms and 
conditions of annexation, shall order an election after not less than ten days 
public advertisement. 

1942 Code § 7675-32; 1938 (40) 1867. 

§ 47-33. Voting at election and effect of election. 

At any such election the qualified voters of the municipality shall vote in 
boxes provided for that purpose at the usual general election voting places in 
such municipality and at the places designated by law for general elections 
in the area or areas proposed to be annexed and if the area or territory which 
it is proposed to annex does not have therein a regularly established and des- 
ignated polling place one shall be designated and provided at a place as 
centrally located as practicable. If a majority of the votes cast by the quali- 
fied electors of the city of Greenville and of the territory or area proposed to be 
annexed, each aggregated separately, shall be each in favor of annexation or 
if neither gives a majority against annexation the council shall publish the 
result of the election and declare the annexed territory a part of said city. 
And it shall file a notice with the Secretary of State describing the new bound- 
aries of the city. And such annexation shall be effected upon the basis herein 
set forth. 

1942 Code § 7675-32; 1938 (40) 1867. 

§ 47-34. Terms and conditions of annexation ; districts and powers thereof. 

The area or territory may be admitted as one district or it may be subdivided 
into two or more districts and each such district vested with such powers, 
control and responsibility regarding streets, local improvements and similar 
matters and exempted, in whole or in part, from such taxes or other obligations 
concerning such local improvements in such manner and to such extent as 
may be prescribed from time to time by action of the governing body of the 
city, if confirmed by a majority of the votes cast by the qualified electors re- 
siding within the previous city limits and by a majority of the votes cast by 

10 



§ 47-35 Municipal Corporations § 47-37 

the qualified electors residing within the area so annexed to the city or if 
neither casts a majority of ballots against such action. The petition of free- 
holders praying for an election on the question of annexation and the ordi- 
nance thereon as provided for by § 47-32 shall embody and constitute the terms 
and conditions of annexation as herein provided and shall become a binding 
contract thereon between the city and such area or district, until changed by 
vote of the electors cast in the same manner as is provided in the preceding 
sentence. 

1942 Code § 7675-32; 1938 (40) 1867. 

§ 47-35. May hold elections on several annexations on same day. 

More than one election may be held on the same day as to the annexation of 
different territories, areas or districts and the same election managers may 
serve for all such elections in- the city but separate boxes shall be provided 
for voting upon the annexation of each area, section or district and those quali- 
fied to vote in the city may vote in all of such boxes, but those electors residing 
outside the city shall be entitled to vote only once and that in a box of his area 
or district on the question of whether or not his area or district shall be an- 
nexed. And in that case each area or territory voted upon shall constitute 
a separate and distinct district and the votes shall be tabulated separately as 
to each such district. The election result in one district shall have no effect 
on the result in any other district and an adverse vote as to one or more dis- 
tricts shall not preclude the annexation of any district or districts as to the 
annexation of which there may have been a favorable vote. And the terms and 
conditions of annexation may differ as to each of such districts separately 
voted upon. 

1942 Code § 7675-32; 1938 (40) 1867. 

§ 47-36. Assessment of taxes in newly annexed territory. 

The board of assessors or appraisers for Greenville township or such other 
board as may have jurisdiction at the time of annexation may continue its ju- 
risdiction over any part or all of any newly annexed territory for a period of 
years to be agreed upon and -fixed by ordinance of the city of Greenville prior 
to the holding of an election on the question of annexation and the assess- 
ment values as determined and fixed by such board for state and county tax 
purposes shall be the values to be used by the city for assessment purposes 
during such period of years as agreed upon, except they be changed prior to 
that fixed date by a majority vote of electors both within the city proper and 
the territory affected. 

1942 Code § 7675-32; 1938 (40) 1867. 

§ 47-37. Annexed areas relieved of county garbage collection taxes. 

In the event any area adjacent to the city of Greenville is annexed to the 
city such area shall, as of the date of annexation, be relieved of the special 
garbage tax levied by authority of Act No. 488, passed by the 1944 Gen- 
eral Assembly, Act No. 184, passed by the 1945 General Assembly, and 
Act No. 727, passed by the 1946 General Assembly, and any tax levied and 

11 



§ 47-38 Code of Laws of South Carolina § 47-53 

collected by the county under authority of said Acts shall be pro rated on the 
county's fiscal year basis and all such sums collected by the county for the 
purpose of providing garbage service for any period subsequent to the date 
of annexation shall be paid to the city of Greenville by the authorities of the 
county having the custody and control of such funds, for use by the city in 
providing collection and disposal of garbage in the area from which such 
tax was collected. 
1948 (45) 1775. 

§ 47-38. Subsequent elections ; territory. 

The holding of one election hereunder shall not exhaust the authority given 
or conferred hereby, but elections may be held from time to time without 
number and the area affected thereby may be an)' part, parcel or portion of the 
territory or area now adjoining the city of Greenville or that may adjoin it as 
enlarged from time to time. 

1942 Code § 7675-32; 193S (40) 1867. 

§ 47-39. Article cumulative. 

This article is to be construed as providing additional and further means and 
methods for the annexation of adjacent territory to the city of Greenville but 
does not in any manner amend, restrict or bar annexation by, or under, any 
other method or plan provided by law for the annexation of outlying or ad- 
joining territory into an incorporated municipality of this State. 

1942 Code § 7675-32; 1938 (40) 1867. 

Article 4. 

Election of Mayors and Councils. 

§ 47-51. General rule as to election when municipality divided into wards. 

In all cities and towns which by law have been divided into wards or other 
political and geographical sections the city and town councils shall be com- 
posed of wardens or aldermen elected from each ward or section separately by 
the electors of such ward and not by the electors at large of such towns or 
cities and the mayors or intendants shall be elected at large by a direct vote 
of the qualified electors of such cities and towns. 

1942 Code §7238; 1932 Code §7238: Civ. C. '22 §4393; Civ. C. '12 §2995; Civ. C. '02 
§ ^000; 1896 (22) 56; 1897 (22) 408; 1923 (33) 162. 

§ 47-52. Same ; provisions inapplicable in certain cities. 

The provisions of § 47-51 shall not apply to the cities and towns of Charles- 
ton, Fountain Inn, Georgetozvn, Greenville, Lancaster, Marion, Simpsonville, Sum- 
mcrvillc and Sumter. 

1942 Code § 7238; 1932 Code § 7238; Civ. C. '22 § 4393; Civ. C. '12 § 2995; Civ. C. '02 
§2000; 1896 (22) 56; 1897 (22) 40S; 1923 (33) 162; 1947 (45) 139; 1951 (47) 24. 

§ 47-53. Same ; special provision for Anderson and Williamston. 

The city council of the city of Anderson, and the town council of the town of 
Williamston in Anderson County, may, respectively, enact ordinances providing 

12 



§ 47-54 Municipal Corporations § 47-61 

that the aldermen of said city or town, from their respective wards, shall be 
elected at large by a direct vote of the qualified electors of said city or town. 
Upon the enactment of such an ordinance such aldermen from their respective 
wards shall be elected at large by a direct vote of the qualified electors of the 
city. But upon the enactment of such an ordinance, the then present aldermen 
shall continue in office for the remainder of their terms. 
1949 (46) 2S4. 

§ 47-54. Same; special provisions for Chester. 

The provisions of § 47-51 shall not apply to the city of Chester wherein the 
eight aldermen of said city shall be elected at large by a direct vote of the 
qualified electors of said city. The aldermen and the mayor of the city shall 
constitute the city council of said city. 

1945 (44) 103. 

§ 47-55. Same ; special provisions for Clinton and Laurens. 

In and for each of the cities of Clinton and Laurens there shall be six alder- 
men, one from each ward of each such city, each of whom shall be elected at 
largs by a direct vote of the qualified electors of the city and the aldermen so 
elected and the mayor of the city shall constitute the council of the city. 

1949 (46) 19; 1950 (46) 2258. 

§ 47-56. Same; special provisions for Newberry. 

The provisions of § 47-51 shall not apply to the city of Newberry wherein 
the six aldermen shall be elected at large by a direct vote of the qualified elec- 
tors of said city and such aldermen and the mayor of said city shall constitute 
the city council of said city. 

1949 (46) 136. 

Article 5. 

General Powers and Liabilities. 

§ 47-61. Rules or ordinances for police government. 

The city and town councils of the cities and towns of the State shall, in ad- 
dition to the powers conferred by their respective charters, have power and 
authority to make, ordain and establish all such rules, bylaws, regulations 
and ordinances, not inconsistent with the laws of this State, respecting the 
roads, streets, markets, police, health and order of such cities and towns or 
respecting any subject as shall appear to them necessary and proper for the 
security, welfare and convenience of such cities and towns or for preserving 
health, peace, order and good government within them. And the city and 
town councils may fix fines and penalties for the violation thereof, not ex- 
ceeding one hundred dollars fine or thirty days imprisonment. 

1942 Code §§ 7233, 7432; 1932 Code §§ 7233, 7432; Civ. C. '22 §§ 4388, 4544; Civ. C. *12 
§§ 2946, 2994; Civ. C. '02 §§ 1982, 1999; 1896 (22) 67; 1S98 (22) 820; 1901 (23) 649. 

13 



§ 47-61 



Code of Laws of South Carolina 



§47-61 



I. General Consideration. 
II. Application of Section. 

A. Valid Ordinances. 

B. Invalid Ordinances. 

I. GENERAL CONSIDERATION. 

Municipalities have only powers expressly 
granted by the legislature or necessarily 
implied from those so granted. Blake v. 
Walker, 23 S. C. 517 (1885). 

Section gives municipalities police power. 
— The exercise of police power is expressly 
conferred upon municipalities by this sec- 
tion, but the exercise of the power is sub- 
ject to limitations. McCoy v. York, 193 
S. C. 390, 8 S. E. (2d) 905 (1940). 

City and town councils may legislate. — 
This section provides in terms that the 
city and town councils may legislate and 
regulate, but it must be done by ordinances 
and rules duly enacted and adopted. Mor- 
ison v. Rawlinson, 193 S. C. 25, 7 S. E. (2d) 
635 (1940). 

By ordinances enacted pursuant to police 
power. — Any and all ordinances enacted 
under this section must be in the exercise 
of the police power thus granted. South- 
ern Fruit Co. v. Porter, 188 S. C. 422, 199 
S. E. 537 (1938). 

And subject to judicial review. — The 
courts may inquire into the action of a 
municipality to determine whether it has 
exercised its power in accordance with the 
constitutional and statutory laws of the 
United States and the several states, and 
may determine whether its ordinance is 
reasonable. Ward v. Darlington, 1S3 S. C. 
263, 190 S. E. 826 (1937). 

Ordinance repugnant to State law is 
void. — A municipality is powerless to pro- 
hibit that which the State authorizes, di- 
rects, or requires, and an ordinance which 
is repugnant to the Constitution or general 
laws of the State is void under this section. 
Law v. Spartanburg, 148 S. C. 229, 146 S. 
E. 12 (1928). 

But statutory offense may be prohibited 
by ordinance. — A municipality may provide 
that the same act which is contrary to stat- 
ute is an offense against its ordinance. 
Anderson v. Seligman, 85 S. C. 16, 67 S. E. 
13 (1910). 

Ordinance enacted under police power 
must be reasonable. — The standard by which 
the validity of an ordinance enacted under 
the exercise of police power is tested is that 
the exercise of the power should extend 
onlv to reasonable and necessary measures. 
McCoy v. York, 193 S. C. 390, 8 S. E. (2d) 
905 (1940). 



And actually needed for public welfare. — 
There must be a real connection between 
the actual provisions of a police regulation 
and its avowed purpose. To be valid as a 
legislative exercise of police power, the leg- 
islation must be clearly demanded for the 
public safety, health, peace, morals, or gen- 
eral welfare. McCoy v. York, 193 S. C. 390, 
8 S. E. (2d) 905 (1940). 

Its validity is not based on preamble state- 
ment. — The mere statement in the preamble 
of an ordinance that it is passed under the 
police power does not give a municipality 
carte blanche to pass an unreasonable ordi- 
nance or one opposed to the Constitution 
or laws of the State. McCov v. York, 193 
S. C. 390, 8 S. E. (2d) 905 (1940). 

Powers to protect public health are broad. 
— In the exercise of its powers to preserve 
and protect the health of the inhabitants of 
the municipality, the range of the exercise 
of the powers of the council is much wider 
than in its relation to other matters. Ward 
v. Darlington, 183 S. C. 263, 190 S. E. 826 
(1937). 

Power to declare nuisance. — The power 
to declare what shall be a nuisance and to 
abate it is ordinarily not a self-executing 
one. It must be exercised only in accord- 
ance with ordinances or bylaws regularly 
and legally adopted which are applicable 
alike to all of the class. Morison v. Raw- 
linson, 193 S. C. 25, 7 S. E. (2d) 635 (1940). 

Is limited in application. — A city is 
clothed with authority to declare by general 
ordinance what shall constitute a nuisance. 
That is, the city may by such ordinance de- 
fine, classify, and enact what things or 
classes of things are injurious to the health 
or inimical to peace and good order, and un- 
der what conditions and circumstances such 
specified things are to constitute and be 
deemed nuisances. But the city council 
may not by mere resolution or motion de- 
clare any particular thing a nuisance which 
has not theretofore been pronounced to be 
such by law, or so adjudged by judicial 
determination. Morison v. Rawlinson, 193 
S. C. 25, 7 S. E. (2d) 635 (1940). 

And is subject to review. — A municipal 
corporation cannot make a thing a nuisance 
by merely declaring it to be such. Such a 
declaration is not a final determination of 
the question. It is subject to review by the 
courts, both as to its reasonableness and as 
to the thing inveighed against being in fact 
a nuisance. Morison v. Rawlinson, 193 S. C. 
25, 7 S. E. (2d) 635 (1940). 

License power may be used to regulate. — 
This section, which gives to the cities and 
towns of the State the authority to estab- 



14 



§ 47-61 



Municipal Corporations 



§47-61 



Iish rules, bylaws, regulations, and ordi- 
nances respecting the roads and streets of 
such cities and towns, carries with it the 
implied power to license as a means of 
regulation. Southern Fruit Co. v. Porter, 
188 S. C. 422, 199 S. E. 537 (1938). 

Validity of license power as regulation. — 
An act or ordinance imposing a license tax 
under the police power as a means of regu- 
lation is valid only when it is within the 
limits of such power and is intended for 
regulation. Otherwise, it is invalid, as where 
the license tax is imposed for revenue pur- 
poses in the guise of a police regulation. 
Southern Fruit Co. v. Porter, 188 S. C. 422, 
199 S. E. 537 (1938). 

For additional related cases, as to power 
of courts to pass on reasonableness of ordi- 
nances, see Darlington v. Ward, 48 S. C. 
570, 26 S. E. 906 (1897); as to ordinance 
against permitting any inclosure, place, or 
house to be used for gambling, see Green- 
ville v. Kemmis, 58 S. C. 427, 36 S. E. 727 
(1900); as to ordinances against swine run- 
ning at large, see Kennedy v. Sowden, 1 
McM. (26 S. C. L.) 323; Crosby v. Warren, 
1 Rich. (30 S. C. L.) 385; as to street rail- 
ways, see State v. Sloan, 48 S. C. 21, 25 
S. E. 898 (1896); as to carrying concealed 
weapons, see Abbeville v. Leopard. 61 S. C. 
99, 39 S. E. 248 (1901) ; as to cultivation of 
soil, see Summerville v. Pressley, 33 S. C. 
56, 11 S. E. 545 (1890) ; as to burial grounds, 
see City Council of Charleston v. Baptist 
Church, 4 Strob. (35 S. C. L.) 306; as to 
rates to be charged by public service cor- 
porations, see Charleston Consol. Ry., etc., 
Co. v. Charleston, 92 S. C. 127, 75 S. E. 
390 (1912); as to Sunday observance, see 
City Council of Charleston v. Benjamin, 2 
Strob. (33 S. C. L.) 508; Allen v. Adams, 
66 S. C. 344, 44 S. E. 938 (1903); as to 
bawdy houses, see State v. Williams, US. 
C. 288 (1878) ; as to keeping liquors in shops, 
see City Council of Charleston v. Heisem- 
brittle, 2 McM. (27 S. C. L.) 233; City 
Council of Charleston v. Baptist Church, 4 
Strob. (35 S. C. L.) 306; as to keeping hogs 
in town, see Darlington v. Ward, 48 S. C. 
570, 26 S. E. 906 (1897). 

Applied in Dillon v. Saleeby, 96 S. C. 442, 
81 S. E. 153 (1914). 

Quoted in Marion v. Baxley, 192 S. C. 
112, 5 S. E. (2d) 573 (1939); Hall v. Burg, 
206 S. C. 173, 33 S. E. (2d) 401 (1945). 

Stated in Bailey Liquor Co. v. Austin, 82 
F. 785 (1897). 

Cited in Union v. Board of Com'rs, 91 
S. C. 248, 74 S. E. 496 (1911); Gaud v. 
Walker, 214 S. C. 451, 53 S. E. (2d) 316 
(1949). 



II. APPLICATION OF SECTION. 
A. Valid Ordinances. 

Regulation of traffic is ordinary police 
power. — The regulation of traffic, including 
the parking of automobiles, is an ordinary 
police power generally exercised by munic- 
ipalities as regards all the streets within 
their boundaries. Since municipalities are 
naturally and ordinarily vested with this 
power, a legislative intent to take it away 
and confer it upon some other authority 
must be clearlv expressed. Hall v. Burg, 
206 S. C. 173, 33 S. E. (2d) 401 (1945). 

Ordinance against blowing train whistle 
within city. — A municipal ordinance prohib- 
iting blowing of train whistle within city 
limits was held valid as not in conflict with 
§ 58-743 of the Code requiring either sound- 
ing of bell or whistle upon approaching 
crossing. McAbee v. Southern Ry. Co., 166 
S. C. 166, 164 S. E. 444 (1932). 

Parking meters as means of regulation. — 
This section carries with it the implied 
power to license as a means of regulation, 
and a city has power to use parking meters 
to regulate in a reasonable manner the park- 
ing of automobiles on the streets. Owens 
v. Owens, 193 S. C. 260, 8 S. E. (2d) 339 
(1940). 

Prohibiting Sunday sale of beer and wine. 
— This section does not deny a city the 
power to adopt an ordinance prohibiting 
the sale of beer and wine on Sunday, even 
though such beverages are declared by stat- 
ute to be nonalcoholic and nonintoxicating. 
Arnold v. Spartanburg, 201 S. C. 523, 23 
S. E. (2d) 735 (1943). 

Lighting public streets and buildings. 
— Under this section a city council may 
provide for the lighting of the public streets 
and buildings, and order an election to as- 
certain the wishes of the qualified electors 
in regard to such improvement, as the Con- 
stitution requires. Fowler v. Fountain Inn, 
90 S. C. 352, 73 S. E. 626 (1912). 

License to operate livery stable. — This 
section authorizes an ordinance requiring 
a license to open and conduct a livery stable 
at a new location and providing that, in 
considering an application for a license, 
proximity to populous residence neighbor- 
hoods, etc., shall be considered. Douglas v. 
Greenville, 92 S. C. 374, 75 S.'E. 687 (1912). 

Ordinance prohibiting poolrooms. — An or- 
dinance prohibiting maintenance and opera- 
tion of public poolrooms within the city 
limits is within the police power of the city 
under this section, such ordinance not con- 
flicting with statute licensing and regulating 
pool and billiard rooms outside of incor- 



15 



§ 47-62 



Code of Laws of South Carolina 



§ 47-64 



porated cities and towns. Clegg v. Spar- 
tanburg, 132 S. C. 182, 128 S. E. 36 (1925). 
An act to regulate the operation of pool- 
rooms is not invalid as unauthorized dele- 
gation of sovereign powers of State. 
Fowler v. Anderson, 131 S. C. 473, 128 S. E. 
410 (1925). 

B. Invalid Ordinances. 

Tax on use of streets must be conferred 
by legislature. — Cities and towns of this 
State cannot tax the use and occupation of 
streets by the traveling public under the 
guise of a license or otherwise, unless such 
power is unequivocally conferred upon them 
by the legislature. Southern Fruit Co. v. 
Porter, 188 S. C. 422, 199 S. E. 537 (1938). 

For a case holding that a municipal li- 
cense tax, imposed upon wholesale delivery 
trucks operated by out-of-State merchants, 
was invalid as being primarily a revenue 
measure for street maintenance and repair, 
and thus not enacted in exercise of the 
police power, see Southern Fruit Co. v. 
Porter, 188 S. C. 422, 199 S. E. 537 (1938). 



Ordinance regulating barbecue stand. — 

A city ordinance which made it unlawful 
for any person owning, operating, or em- 
ployed at a barbecue stand in any residen- 
tial area of the city to allow it to remain 
open between 11:00 P.M. and 6:00 A.M., 
except on Saturdays when it may remain 
open until 12:00 midnight, and which de- 
fined "residential area" as any section of the 
city where two or more houses used for 
residential purposes are located on abutting 
property, was held unconstitutional, insofar 
as it defined "residential area," as being 
unreasonable and deprived the barbecue 
owner of the lawful use of his property 
without due process of law. Fincher v. 
Union, 186 S. C. 232, 196 S. E. 1 (1938). 

Regulation of sale at public auction. — 
Power to regulate sale of merchandise at 
public auction is not one of incidents to 
municipal corporation under this section, 
and such powers can be exercised only when 
conferred by legislature. Miller v. Green- 
ville, 134 S. C. 314, 132 S. E. 591 (1926). 



§ 47-62. Certain monopolies not to be granted. 

No city or town council shall grant a monopoly in such municipality in the 

sale of meats or breadstuffs. 

1942 Code §§ 7409, 7432; 1932 Code §§ 7409, 7432; Civ. C. '22 §§ 4521, 4544; Civ. C. '12 
§§ 2900, 2946; Civ. C. '02 §§ 1942, 1982; 1896 (22) 67, 77; 1S97 (22) 500; 1901 (23) 649. 

» 

§ 47-63. Regulation of markets. 

Any city or town in this State may provide by ordinance such rules and 
regulations regarding the conduct and operation of markets so as to provide 
for the public health, comfort and convenience and for the punishment of all 
offenders against the same, within the limits provided by law. But if there be 
a board of health in such city or town, its approval shall first be obtained. 

1942 Code § 7234; 1932 Code § 7234: Civ. C. '22 § 4389; 1917 (30) 46. 

§ 47-64. Inspection; penalty for obstructing. 

Each such city or town may, by ordinance, provide for the inspection of all 
such places by some competent person appointed by the mayor or intendant 
and all persons conducting or operating such places shall at all times permit 
and allow inspections to be made of their premises by such inspectors. Any 
person who shall refuse to allow such inspection or who shall obstruct any 
officer whose duty it is to make such inspection shall be guilty of a misde- 
meanor and, upon conviction, shall be subject to such penalties as such city or 
town may impose by ordinance, not exceeding a fine of one hundred dollars 
or imprisonment not exceeding thirty days. 

1942 Code § 7235; 1932 Code § 7235; Civ. C. '22 § 4390; Cr. C. '22 § 298; 1917 (30) 46. 



16 



§ 47-65 Municipal Corporations § 47-70 

§ 47-65. Ordinances to be obeyed ; revocation of licenses. 

All persons operating any such market shall carry out and obey all ordi- 
nances passed or enacted by any such city or town and upon neglect or re- 
fusal to comply therewith shall be subject to the penalties herein provided. 
And any such city or town may deny or revoke any license granted to conduct 
any such business when, in the judgment of the mayor or attendant, such 
ordinances are not complied with. 

1942 Code § 7236; 1932 Code § 7236; Civ. C. '22 § 4391; 1917 (30) 46. 

§ 47-66. Power to abate nuisances. 

Any city or town council may abate and remove nuisances within the limits 

of such city or town. 

1942 Code §§ 7410, 7442; 1932 Code §§ 7410, 7442; Civ. C. '22 §§ 4522, 4554; Civ. C. '12 
§§ 2901, 2955; Civ. C. '02 §§ 1943, 1989; 1896 (22) 67, 78; 1901 (23) 649; 1908 (25) 1017; 
1909 (26) 80; 1910 (26) 623; 1939 (41) 237. 

§ 47-67. Segregation of races. 

Municipal corporations of this State may provide by reasonable and suitable 
ordinances for the segregation of the races in their respective municipalities. 
1942 Code § 7237; 1932 Code § 7227; Civ. C. '22 § 4392; 1915 (29) 180. 

§ 47-68. Extent of property owned. 

All towns in this State may own and possess property, real, personal or 
mixed, not exceeding in any case in value eight per cent of the assessed value 
of the taxable property in any such town, notwithstanding any special pro- 
vision in their respective charters to the contrary. 

1942 Code § 7318; 1932 Code § 7318; Civ. C. '22 § 4464; Civ. C. '12 § 3041; Civ. C. '02 
§ 2014; 1897 (22) 464. 

Cross reference. — As to general power Taking land by common-law devise. — 

of a municipal corporation to own prop- Mcintosh v. Charleston, 45 S. C. 584, 23 
erty, see § 47-230. S. E. 943 (1896). 

§ 47-69. May own and operate rock quarries ; police jurisdiction. 

All incorporated cities and towns may own and operate rock quarries for the 
purpose of improving roads, highways and streets within their respective ju- 
risdictions and may work convicts in operating such rock quarries. 

The police jurisdiction and authority of such cities and towns shall extend over 
all prisoners in transit between such rock quarries and such cities and towns. 

1942 Code § 7359; 1932 Code § 7359; Civ. C. *22 § 4491; Civ. C. '12 § 3057; 1903 (24) 78. 

§ 47-70. Causes of action for damages from defects in streets, mismanagement, 
etc. 

Any person who shall receive bodily injury or damages in his person or 
property through a defect in any street, causeway, bridge or public way or by 
reason of a defect or mismanagement of anything under control of the corpo- 
ration within the limits of any city or town may recover in an action against 
such city or town the amount of actual damages sustained by him by reason 
[5 SC Code]— 2 17 



§47-70 



Code of Laws of South Carolina 



§47-70 



thereof if such person has not in any way brought about any such injury or 
damage by his own negligent act or negligently contributed thereto. 

If any such defect in a street, causeway or bridge existed before such in- 
jury or damage occurred, such damage shall not be recovered by the person 
so injured if his load exceeded the ordinary weight. And a corporation shall 
not be liable unless the defect was occasioned by its neglect or mismanage- 
ment. 

1942 Code § 7345; 1932 Code § 734S; Civ. C. '22 § 4478; Civ. C. '12 § 3053; Civ. C. '02 
§ 2023; R. S. 1582: 1892 (21) 91, 102; 1901 (23) 657. 



I. General Consideration. 
II. Defect or Mismanagement. 

III. Municipal Liability. 

IV. Sufficiency of Complaint. 



V. Burden of Proof. 
VI. Negligence as Jury Question. 
VII. Recovery Allowed. 
VIII. Recovery Not Allowed. 



Cross Reference. 
As to survival of action brought under this section, see § 33-922. 



I. GENERAL CONSIDERATION 

This section is constitutional. — This sec- 
tion is not in conflict with S. C. Const., Art. 
3, § 17, providing that the subject of every 
act shall be expressed in the title. Barks- 
dale v. Laurens, 58 S. C. 413, 36 S. E. 661 
(1900). 

And is strictly construed. — In order to 
hold the municipality liable under this sec- 
tion, it must be strictly construed and its 
terms and conditions strictly complied with. 
Reeves v. Easley, 167 S. C. 231, 166 S. E. 
120 (1932); Davis v. Greenville, 168 S. C. 
476, 167 S. E. 682 (1933); Abernathy v. 
Columbia, 213 S. C. 68, 48 S. E. (2d) 585 
(1948). 

This section has been construed in a very 
strict manner. United States Cas. Co. v. 
State Highway Dept., 155 S. C. 77, 151 S. E. 
887 (1930). 

Regarding municipal safety obligations. 
— In order to hold the municipality liable 
under this section, this section must be 
strictly construed, and its terms and condi- 
tions strictly complied with. That is, it 
must be shown that the delict complained 
of must have been due to a defect in the 
street, etc., or to the defect or mismanage- 
ment of something under the control of the 
municipality and connected with the obli- 
gation of the municipality to keep its streets 
in a condition of reasonable safety for the 
use of those who are entitled to use them 
legitimately. Singleton v. Sumter, 180 S. 
C. 536, 186 S. E. 535 (1936), quoting Reeves 
v. Easley, 167 S. C. 231, 166 S. E. 120 
(1932). 

Rule stated. — The general rule in this 
country is that municipalities which have 
full and complete control over the streets 
and highways within their corporate limits 
are liable in damages for injuries sustained 



in consequence of their failure to use rea- 
sonable care to keep them in a reasonably 
safe condition for public travel. Terrell v. 
Orangeburg, 176 S. C. 518, 180 S. E. 670 
(1935). 

Action hereunder is purely statutory. — An 
action in tort against a municipality can be 
maintained only by reason of this section, 
and individuals who undertake to maintain 
an action for damages alleged to have been 
suffered at the hands of a municipality must 
bring themselves strictly within the purview 
thereof. Singleton v. Sumter, 180 S. C. 
536, 186 S. E. 535 (1936). 

Section applies only in case of city's neg- 
ligence. — This section is applicable only in 
case of city's negligence in the repair of 
its streets. Gilchrist v. Charleston. 115 S. C. 
367, 105 S. E. 741 (1921). 

Actionable negligence denned. — Duty for 
breach of which this section gives a right 
of action is duty to maintain streets in a 
reasonably safe condition. Breach of that 
duty may be predicated on either defect in 
street or defect in, or mismanagement of, 
anything under city's control in making re- 
pairs on street from which injury results to 
any person engaged in legitimate use of 
street, but such liability is conditioned on 
existence of actionable negligence as that 
term is applied in law of torts. Foster v. 
Union, 129 S. C. 257, 123 S. E. 839 (1924). 

Section is distinguished from § 33-921.- — 
This section must not be confused with 
§ 33-921 permitting actions against counties. 
This section is more inclusive because it 
permits an action for bodily injury or dam- 
ages by reason of defect or mismanagement 
of anything under control of the corpora- 
tion, which means mismanagement in mak- 
ing repairs on the streets or mismanage- 
ment of something used in connection with 

18 [5 SC Code] 



§ 47-70 



Municipal Corporations 



§47-70 



the keeping and repair of the streets. Shel- 
ton v. Greenville County, 194 S. C. 506, 
10 S. E. (2d) 12 (1940). 

It includes city employee. — Under this 
section "any person" includes an employee 
of the city. Strait v. Rock Hill, 104 S. C. 
116, 88 S. E. 469 (1916). 

Measure of damages. — As to measure of 
damages for injury to horse, see Sullivan 
v. Anderson, 81 S. C. 478, 62 S. E. 862 
(1908). 

For history of section, see Jackson v. 
Columbia, 174 S. C. 208, 177 S. E. 158 
(1934). 

For summary of cases under this section, 
see Reeves v. Easley, 167 S. C. 231, 166 S. 
E. 120 (1932). 

Applied in Randal v. State Highway 
Dept., 150 S. C. 302, 148 S. E. 57 (1929); 
McLendon v. Columbia, 101 S. C. 48, 85 
S. E. 234 (1915); Robinson v. St. Matthews, 
89 S. C. 30, 71 S. E. 234 (1911); Columbia 
v. Melton, 85 S. E. 558, 67 S. E. 902 (1910). 

Quoted in Tavlor v. Sumter County, 168 
S. C. 126, 167 S. E. 1 (1932). 

Stated in Sawyer v. State Highway Dept., 
164 S. C. 53, 161 S. E. 883 (1932). 

Cited in Sirrine V. State, 132 S. C. 241, 
128 S. E. 172 (1925) ; McNinch v. Columbia, 
128 S. C. 54, 112 S. E. 403 (1924); Faust 
v. Richland County, 117 S. C. 251, 109 S. E. 
151 (1921); School Dist. No. 19 v. Marion 
County, 114 S. C. 382, 103 S. E. 767 (1920); 
Columbia v. Melton, 81 S. C. 356, 62 S. E. 
245, 399 (1908); Heath v. Darlington, 175 
S. C. 27, 117 S. E. 894 (1934); Gowan 
v. Greenville County, 193 S. C. 327, 8 S. E. 
(2d) 509 (1940); Macedonia Baptist Church 
v. Columbia, 195 S. C. 59, 10 S. E. (2d) 350 
(1940). 

II. DEFECT OR MISMANAGEMENT. 

Meaning of "defect".— The word "defect," 
as used in this section, means want or ab- 
sence of something necessary for complete- 
ness or perfection; deficiency; opposed to 
excess; failing; fault; imperfection, whether 
physical or moral; blemish, as a defect in 
the ear or eye; a defect in timber or iron; 
a defect of memory or judgment. Terrell 
v. Orangeburg, 176 S. C. 518, 180 S. E. 670 
(1935). 

Meaning of "mismanagement." — The 
term "mismanagement" as used means mis- 
management in making repairs on the 
streets. The corporation should be held li- 
able not only for neglect in making street 
repairs, but also for mismanagement of any- 
thing under control of the corporation in 
making such repairs. Reeves v. Easley, 167 
S. C. 231, 166 S. E. 120 (1932), quoting 



Dunn v. Barnwell, 43 S. C. 398, 21 S. E. 
315 (1895). 

Section relates to ordinary negligence. — 
The neglect mentioned in this section is the 
same as negligence from want of ordinary 
care. Such negligence, in the repair of a 
street, may consist in omission or nonac- 
tion. Bruce v. Spartanburg, 187 S. C. 322, 
197 S. E. 823 (1938). 

Injury must occur in making street re- 
pairs. — In order to hold a municipality for 
damages sustained because of "defect or 
mismanagement" of anything under its con- 
trol, such instrumentality when it inflicted 
the injury must have been engaged in mak- 
ing repairs on the streets, bridges, cause- 
ways, or public ways of the municipality. 
Reeves v. Easley, 167 S. C. 231, 166 S. E. 
120 (1932); Abernathy v. Columbia, 213 
S. C. 68, 48 S. E. (2d) 585 (1948). 

Pertaining solely to municipality. — The 
clause, "or by reason of a defect or mis- 
management of anything under control of 
the corporation within the limits of any 
city or town," has been frequently con- 
strued to relate only to a defect or misman- 
agement of anything under the control of 
the city or town connected with the munic- 
ipality's obligation to keep the streets rea- 
sonably safe. Bozard v. Orangeburg, 197 
S. C. 447, 15 S. E. (2d) 642 (1941). 

This section permits suits only for dam- 
age to one in ordinary use of the streets, 
resulting from a defect therein or defect 
in or mismanagement of some instrumental- 
ity of the town or city when actually used 
in street repairs. Athanas v. Spartanburg, 
196 S. C. 19, 12 S. E. (2d) 39 (1940). 

Negligence through knowledge of defect. 
— It cannot be said as a matter of law that 
one who uses a highway, even though he 
knows of a defect in it or a danger near 
it, is guilty of negligence in doing so, un- 
less the defect is of such a nature or the 
danger so obvious that a person of ordinary 
prudence would not have used it. Row- 
land v. Dillon, 188 S. C. 408, 199 S. E. 525 
(1938), quoting Humphries v. Union, etc., 
R. Co., 84 S. C. 202, 65 S. E. 1051 (1909). 

Leaving hose attached to hydrant. — Leav- 
ing water hose, attached to a hydrant, ex- 
tended across and lying flat upon a side- 
walk after defendant had been warned of 
the danger of so doing created or consti- 
tuted a defect in the street. Terrell v. 
Orangeburg, 176 S. C. 518, 180 S. E. 670 
(1935). 

III. MUNICIPAL LIABILITY. 

Liability is limited to misfeasance or non- 
feasance. — This section has been construed 
by this court in numerous decisions to limit 



19 



§ 47-70 



Code of Laws of South Carolina 



§ 47-70 



v the liability of the municipality to misfea- 
sance or nonfeasance connected with keep- 
ing any streets, causeway, bridge, or pub- 
lic way in proper repair. Reeves v. Easlev, 
167 S."C. 231, 166 S. E. 120 (1932), quoting 
Hiott v. Walterboro, 127 S. C. 251, 119 S. 
E. 869 (1923). 

This section does not extend to wilful or 
negligent acts of city officers or employees, 
except with reference to the maintenance of 
city streets for safe travel under conditions 
set forth in the statute. Abernathy v. Co- 
lumbia, 213 S. C. 68, 48 S. E. (2d) 585 
(1948). 

Municipality has duty to keep streets safe. 
— The duty is on the municipal corporation 
to keep its streets reasonably safe for use 
by those entitled thereto. A person using 
city streets, although held to exercise of 
due care therein, has the right to assume 
the city has exercised ordinary care in keep- 
ing streets in reasonably safe condition. 
Bruce v. Spartanburg, 187 S. C. 322, 197 
S. E. 823 (1938). 

Which duty may not be transferred. — 
The assumption by the State Highway De- 
partment of the duty of maintaining por- 
tions of the highway within the limits of 
municipalities in no way relieves such mu- 
nicipalities of the fundamental responsibil- 
ity, under this section, of keeping such 
streets or highways within their limits safe 
and free from obstructions. If the Depart- 
ment fails in its duty, then the municipali- 
ties must attend to it. Bell v. State High- 
wav Dept., 204 S. C. 462, 30 S. E. (2d) 65 
(1944). 

Playgrounds and parks are within sec- 
tion. — The cases of Irvine v. Greenwood, 
89 S. C. 511, 72 S. E. 228 (1911), and Stone 
v. Florence, 94 S. C. 375, 78 S. E. 23 
(1913), are conclusive of the proposition 
that public playgrounds and parks come 
within the provisions of this section, and 
that it is the duty of a municipality to keep 
them reasonably safe in order that they 
mav serve their intended purpose. Haith- 
cock v. Columbia, 115 S. C. 29, 104 S. E. 
335 (1920). 

The street sidewalks, grassplots, etc., in 
a park are merely its component parte. 
To determine whether the municipality is 
negligent in maintaining them, its con- 
duct must be considered with reference to 
the entire park and not merely in connec- 
tion with a particular street. Haithcock 
v. Columbia, 115 S. C. 29, 104 S. E. 335 
(1920). 

In determining whether there was testi- 
mony tending to show negligence on the 
part of defendant city in the maintenance of 



a park, the tender age of plaintiff, a child in- 
jured through explosion of dynamite caps 
found by him in the park, must be consid- 
ered. Haithcock v. Columbia, 115 S. C. 
29, 104 S. E. 335 (1920). 

As well as city streets. — Municipal corpo- 
ration must keep street reasonably safe for 
use by those entitled thereto. Walsh v. 
Dawson Engineering Co., 159 S. C. 425, 157 
S. E. 447 (1931). 

And sidewalks. — This section makes a 
city liable for a defective sidewalk used for 
foot passengers as well as for defects in the 
part of the way used for horses and vehi- 
cles. Caston v. Rock Hill, 107 S. C. 124, 
92 S. E. 191 (1917). 

And street electric lighting pole. — This 
section requires the city to keep the street 
in such repair that it is reasonably safe for 
travel. Tims, it is bound to keep an elec- 
tric lighting pole placed in the street, to- 
gether with the wires attached thereto, in 
a safe condition. Irvine v. Greenwood, 89 
S. C. 511, 72 S. E. 228 (1911). 

Together with mismanaged steam roller. 
— This section is broad enough to include 
an action for injuries sustained by an em- 
ployee of the city by reason of defendant's 
mismanagement of a steam roller while re- 
pairing its streets. Barksdale v. Laurens, 
58 S. C. 413, 36 S. E. 661 (1900). 

City is liable for not safeguarding ditch. 
— This section makes municipalities liable 
for damages resulting from failure to place 
safeguards at ditch at which sidewalk ends. 
Hutchison v. Summerville, 66 S. C. 442, 45 
S. E. S (1903). 

And for contractor's failure to protect 
public. — City must see that contractor, who 
has been granted right to use street, takes 
proper precautions to protect public. Walsh 
v. Dawson Engineering Co., 159 S. C. 425, 
157 S. E. 447 "(1931). 

As to liability under contract to perform 
duty of municipality, see Ancrum v. Cam- 
den Water, etc., Co., 82 S. C. 284, 64 S. E. 
151 (1909). 

IV. SUFFICIENCY OF COMPLAINT. 

Sufficient allegations in complaint. — Com- 
plaint alleging that pedestrian was injured 
by overhanging sign on sidewalk which the 
city knew, or ought to have known, to be 
insecurely placed was held sufficient, since 
whether such condition constituted defect 
in street within this section authorizing 
causes of action for damages from defects 
in streets was for jury. Heath v. Darling- 
ton, 171 S. C. 196, 171 S. E. 916 (1933). 

Allegations that the "death of plaintiff's 
intestate was directly and proximately 



20 



§47-70 



Municipal Corporations 



§ 47-70 



caused by the mismanagement and negli- 
gence of the defendant, its agents and ser- 
vants, in the use of an instrumentality in 
the repair and maintenance of its streets in 
the following particulars" was not subject 
to a demurrer as not containing sufficient 
factual statements to come within the terms 
of this section. Athanas v. Spartanburg, 
196 S. C. 19, 12 S. E. (2d) 39 (1940). 

Insufficient allegations in complaint. — 
Complaint in action against city to re- 
cover damages for injuries sustained by 
fireman while in city employ 'on account 
of its alleged negligent acts and reckless 
mismanagement of fire department and 
affairs when fireman fell while descending 
ladder from burning building is insufficient 
to state a cause of action under this section. 
Oswald v. Orangeburg, 154 S. C. 105, 151 
S. E. 230 (1930). 

Evidence that the plaintiff's father fixed 
an extension wire from a socket on his 
porch and carried it into street, and that 
plaintiff was injured by high electrical vol- 
tage from wire in close proximity to exten- 
sion wire, while holding an ordinary electric 
light globe placed at other end of extension 
wire to enable his brother to see how to re- 
pair his father's automobile parked in street, 
does not show right of action under this 
section against city operating electric light 
plant, since plaintiff's injury was not caused 
by nonfeasance of misfeasance in connec- 
tion with keeping streets in condition of 
proper repair. Foster v. Union, 129 S. C. 
257, 123 S. E. 839 (1924). 

Allegations of complaint, in action 
against city for injuries, stating that plain- 
tiff while in city's employ was injured when 
excavating on street by reason of side of 
excavation caving in and alleging failure 
to provide safe place for him to work on 
public street do not state a cause ofaction 
within this section. Stewart v. Charleston, 
134 S. C. 398. 132 S. E. 678 (1926). 

V. BURDEN OF PROOF. 

Instrumentality must be used in street 
repair. — In order to hold a municipality li- 
able under the provisions of this section 
relating to the mismanagement of anything 
under the control of the municipality, it 
must be alleged and proved that the instru- 
mentality was then being used in repair- 
ing the streets. Davis v. Greenville, 168 S. 
C. 476, 167 S. E. 682 (1933). 

Plaintiff must disprove contributory neg- 
ligence. — This section lays the burden upon 
the person injured or his representative to 
plead and to prove that he did not bring 
about his injury or death, and did not neg- 



ligently contribute thereto. Correll v. Spar- 
tanburg, 169 S. C. 403, 169 S. E. S4 (1933). 

One suing a city for a personal injury 
must, as required by this section, allege 
and prove that his injury was not brought 
about by his own negligence, and that he 
did not negligently contribute thereto. 
Stone v. Florence, 94 S. C. 375, 78 S. E. 
23 (1913). 

In addition to showing negligence of city. 
— Under this section a plaintiff suing a 
municipality must not only show negli- 
gence on the part of the city in its mainte- 
nance of the public streets but, in order 
to recover, he must also show that he has 
not in any way brought about any such 
injury or damage by his negligent act or 
negligently contributed thereto. Young v. 
Camden, 187 S. C. 414, 198 S. E. 45 (1938). 

Or else be nonsuited. — In Barksdale v. 
Laurens, 58 S. C. 413, 36 S. E. 661 (1900), 
.the court held that in ordinary actions for 
negligence, contributory negligence by the 
plaintiff is a matter of defense and is not 
available on a motion for nonsuit. Yet in 
an action under this section, it is necessary 
for plaintiff as part of his case to show 
that his own negligence did not contribute 
to the injury, for that is one of the condi- 
tions of his right of action against the mu- 
nicipality which depends wholly upon this 
section. Hence, if the evidence on the part 
of plaintiff does not tend to negative con- 
tributory negligence on his part, a nonsuit 
is proper. Young v. Camden, 187 S. C. 414, 
198 S. E. 45 (1938). 

Under this section it is necessary for 
plaintiff in an action for injuries to show, 
as part of his case, that he has not been 
guilty of contributory negligence, and 
where he failed to do so. it is proper to 
grant a nonsuit. Barksdale v. Laurens, 58 
S. C. 413, 36 S. E. 661 (1900). 

VI. NEGLIGENCE AS JURY 
QUESTION. 

Contributory negligence of plaintiff is 
jury question. — The question of the con- 
tributory negligence of the plaintiff is a 
question of fact for the jury, unless there is 
so complete an absence of evidence there- 
about as to make it a question of law for 
the court. Rowland v. Dillon, 188 S. C. 
408, 199 S. E. 525 (1938). 

Contributory negligence of pedestrian 
falling on pile of cement and pavement 
while going around barricade in sidewalk 
where building was being erected was for 
jury. Walsh v. Dawson Engineering Co., 
159 S. C. 425. 157 S. E. 447 (1931). 

As is question of city's negligence. — 
Where street was obstructed with permis- 



21 



§ 47-70 



Code of Laws of South Carolina 



§ 47-70 



sion of city council, and pedestrian fell over 
pile of cement and pavement excavated by 
men working in street, city council's neg- 
ligence was for jury. Walsh v. Dawson 
Engineering Co., 159 S. C. 425, 157 S. E. 
447 (1931). 

Whether defendant city was negligent in 
maintaining on its premises a dangerous 
instrumentality calculated to attract the 
youthful instincts of plaintiff, a child in- 
jured by the explosion of dynamite caps 
which he found within the city's park, and 
whether the child was guilty of negligence 
contributing to his injury were questions 
of fact for the jurv. Haithcock v. Colum- 
bia, 115 S. C. 29, 104 S. E. 335 (1920). 

Child is presumed incapable of negli- 
gence. — A child five years old, injured on 
a defective street, is presumptively incapa- 
ble of negligence within this section. Stone 
v. Florence, 94 S. C. 375, 78 S. E. 23 (1913). 

Sufficiency of evidence. — As to evidence 
not held conclusively to show contributory 
negligence by load exceeding ordinary 
weight, see Sullivan v. Anderson, 81 S. C. 
478, 62 S. E. 862 (1908). 

As to sufficiency of evidence of negli- 
gence, see Sullivan v. Anderson, 81 S. C. 
478, 62 S. E. 862 (1908). 

Insufficient evidence of negligent act. — 
For a case where the court held that the 
plaintiff had not submitted sufficient evi- 
dence from which the jury could possibly 
draw a reasonable inference that the de- 
fendant city had any notice or knowledge, 
actual or constructive, of the alleged negli- 
gent acts, see Driggers v. Florence, 190 
S. C. 309, 2 S. E. (2d) 790 (1939). 

VII. RECOVERY ALLOWED. 

Stepping into uncovered hole. — City 
was held liable for injuries to pedestrian 
who stepped at night into uncovered hole 
or valve box in the shoulder of a narrow 
street with no sidewalks. Crosbv v. Ches- 
ter, 197 S. C. 66, 14 S. E. (2d) 552 (194U. 
distinguishing Driggers v. Florence, 190 S. 
C. 309, 2 S. E. (2d) 790 (1939). 

Negligent management of fire depart- 
ment. — Plaintiff, snowing that defendant 
city was authorized to keep a fire depart- 
ment and had the exclusive control of it, 
and that, while she was waiting on a street 
corner, a team of large, strong, and danger- 
ous horses under the negligent management 
of the fire department dashed against her, 
was entitled to recover damages for such 
injury. Creps v. Columbia, 104 S. C. 371, 
89 S. E. 316 (1916). 

Negligently laying pipes. — Where, in lay- 
ing drainage pipes to carry off surface wa- 



ter, the construction by the city was so neg- 
ligent that water ponded on the lot of a 
citizen raising the street grade was not 
carried off but collected thereon, rendering 
the premises sickly and uninhabitable, the 
city is liable for damages to the owner un- 
der this section. Mavrant v. Columbia, 77 
S. C. 281, 57 S. E. 857 (1907). 

VIII. RECOVERY NOT ALLOWED. 

Stagnant water in street. — This section 
applies only to defects in streets for street 
purposes, but does not render city liable 
to property owner made ill by depression 
in street filled with stagnant water. Trip- 
lett v. Columbia, 111 S. C. 7, 96 S. E. 675 
(1918). 

Washing streets with motor-drawn flush- 
er did not constitute repair of street so as 
to entitle boy, injured by large volume of 
water from hose, to recover under this sec- 
tion. Davis v. Greenville, 168 S. C. 476, 
167 S. E. 682 (1933). 

Negligent operation of city trucks. — A 
person who is injured by the negligent op- 
eration of a city owned truck may not, un- 
der the provisions of this section, recover 
damages from the city. Singleton v. Sum- 
ter, 180 S. C. 536, 186 S. E. 535 (1936). 

Where there was evidence that city's 
truck, allegedly parked without lights in 
middle of street, was customarily used for 
taking up garbage and debris but no evi- 
dence of defect in street or that on night 
in question there was any debris which 
made street unsafe, mismanagement of 
truck was not in connection with "repair" 
of street, and hence did not render city li- 
able for death sustained in collision with 
truck. Jackson v. Columbia, 174 S. C. 208, 
177 S. E. 15S (1934). 

Horse frightened by street merchandise 
display. — L T nder this section the city is only 
liable for injuries caused by "defects" in 
the street, or by its mismanagement in mak- 
ing repairs of the street, and not for in- 
juries to plaintiff's horse caused by its be- 
coming frightened at merchandise negli- 
gently allowed to be displayed on the street. 
Dunn v. Barnwell, 43 S. C. 398, 21 S. E. 
315 (1895). 

Pedestrian injured by bicycle. — Under 
this section a city is not liable for injur- 
ies to a pedestrian on a sidewalk by being 
run over by a bicycle, though there was no 
ordinance prohibiting the use of sidewalks 
by bicvcle riders. Bryant v. Orangeburg, 
70 S. C. 137, 49 S. E. 229 (1904). 

Fireman struck by police car following 
fire truck could not recover against city un- 
der this section authorizing action for in- 



22 



§47-71 Municipal Corporations §47-72 

jury from defect in street. Reeves v. Eas- Injury where street is not legitimately 

ley, 167 S. C. 231, 166 S. E. 120 (1932). used.— Where an injured party, whether a 

Fireman injured in power plant. — A fire- member of the public or a city employee, at 
man in a town's power plant injured by the the time of the injury was not engaged in 
blowing out of a cylinder head of a steam some legitimate use of the streets, cause- 
engine cannot recover from the town un- ways, bridges, or public wa3 - s, he cannot 
der this section because the engine supplied recover from the city under this section, 
the power to furnish electric lights for the Hiott v. Walterboro, 127 S. C. 251, 119 S 
streets. Hiott v. Walterboro, 127 S. C. E. 869 (1923). 
251, 119 S. E. 869 (1923). Or where bridge is not part of city street. 

Former street converted into market. — — A city was not liable for a bridge con- 

A former street area which was converted structed by other parties and not a part of 

to the purposes of a market is no longer the city streets. Bozard v. Orangeburg, 

a portion of the street in which an action- 197 S. C. 447, 15 S. E. (2d) 642 (1941). 
able defect may exist within the purview 
of this section. Abernathy v. Columbia, 
213 S. C. 68, 48 S. E. (2d) 585 (1948). 

§ 47-71. Liability for negligent operation of motor vehicles. 

Any person suffering bodily injuries, property damage or death by reason 
of the careless or negligent management or operation of any motor vehicle un- 
der the control of any municipal corporation, engaged in the business of such 
corporation, may recover in any action against such corporation such actual 
damages, not exceeding four thousand dollars, sustained by reason thereof. 
No recovery may be had hereunder if the plaintiff has brought about such in- 
jury, death or damage by his negligence or negligently or carelessly contribut- 
ed thereto or if such plaintiff's injury or damage was brought about by the 
contributory negligence of any third person. Before any action shall be 
brought hereunder a claim duly certified shall be filed with such municipal 
corporation within three months after the date of such injury or damage or 
action commenced within such time on a verified complaint. If such verified 
claim be filed within the time herein fixed an action shall be commenced within 
one year from the date of filing thereof or such cause of action shall thereafter 
be barred. 

1949 (46) 272. 

§ 47-72. No license fee for sale of meats, etc., produced by vendor; exception. 

No city or town council shall charge any citizen of this State a license 
fee for the right to sell or offer for sale fresh fish, beef, pork, mutton, veal or 
poultry produced, caught or grown by the vendor, excepting regular butchers 
who shall keep a regular butcher's stall or market house inside the corporate 
limits of any such city or town in which such license may be required. 

No such butcher's license shall give the holder thereof a monopoly of the 

sale of the articles enumerated above. 

1942 Code § 7240; 1932 Code § 7240; Civ. C. '22 § 4395; Civ. C. '12 § 2997; Civ. C. '02 
§ 2001; 1896 (22) 91. 

Butcher outside city limits may be li- and has no stall therein, a license fee. Cam- 
censed. — This section does not prevent the den v. Roberts, 55 S. C. 374, 33 S. E. 456 
city or town charging a regular butcher, (1899). 
who resides outside the corporate limits 

23 



§ 47-73 



Code of Laws of South Carolina 



§ 47-74 



§ 47-73. Farm and home products may be marketed without license. 

All products of the farms of this State and all articles of clothing or wearing 

apparel made at the home of the producer may be sold in any city or town by 

the producer thereof or his agent without such producer being required to pay 

a license to make such sale if the producer or agent is not engaged in selling 

the produce or products of other persons. 

1942 Code § 7241; 1932 Code § 7241; Civ. C. '22 § 4396; Civ. C. '12 § 2998; 1902 (23) 
1039; 1931 (37) 372. 

§47-74. Councils may investigate departments and offices; attendance of wit- 
nesses. 

The city and town councils of the cities and towns of this State may appoint 
committees from members of the council to investigate any department of 
the city or town government and any office thereof and such council or com- 
mittee shall have the same power which a magistrate has to compel the at- 
tendance of witnesses and to require them to give evidence under oath in the 
same manner as is customary in the courts of this State. Any person refusing 
to obey such subpoena and give such evidence shall be held in contempt in the 
same manner and shall suffer the same penalty for contempt as imposed for simi- 
lar offenses in the courts of this State. 

1942 Code § 7383; 1934 (38) 1623. 



CHAPTER 2. 
Towns of Less Than One Thousand Inhabitants.* 



Article 1. 
Incorporation and Surrender of Charter. 

Sec. 

47-101. Petition for incorporation. 

47-102. Election thereon. 

47-103. Charter fee. 

47-104. Maximum corporate limits. 

47-105. Same; exceptions for islands. 

47-106. Surrender of old charter; incorpo- 
ration under this chapter. 

47-107. Forfeiture or surrender of charter 
without reincorporation. 

Article 2. 

Intendant and Wardens; Town Council. 

47-111. Qualifications, election and term. 
47-112. Same; two year term in certain 

towns. 
47-113. Same; special provision for Eben- 

ezer. 
47-114. Same; special provisions for Gray 

Court. 
47-114.1. Same; date of election in Cross 
Hill. 



Sec. 

47-114.2. Same; date of election in Health 
Springs. 

47-114.3. Same; date of election in Ocean 
Drive Beach. 

47-115. Same; date of election in Ridgeville. 

47-116. Same; special provision for Swan- 
sea. 

47-117. Blank. 

47-118. Oath of intendant and wardens. 

47-119. Officers to hold over until succes- 
sors are elected. 

47-120. Vacancies. 

47-121. When the Governor may order elec- 
tion of officers. 

47-122. Exemption from road and police 
duty. 

47-123. Town council. 

47-124. Records. 

Article 3. 

Recall of Intendant or Wardens in 
Certain Counties. 

47-131. Recall authorized. 
47-132. Petition for recall. 



* As to maintaining dry wells in towns of over five hundred population, see § 16-568. 

24 



§47-101 



Municipal Corporations 



§47-102 



Sec. 
47-133. Conduct of election. 
47-134. Result of election; second election. 

Article 4. 
General Powers. 

47-141. Ordinances generally. 

47-142. Building permits. 

47-143. Blank. 

47-144. Requirement of police duty. 

47-145. Auctions and auctioneers. 

47-146. Later election in case of failure to 
hold when due, etc. 

47-147. Appointment of constables and mar- 
shals. 

47-14S. Power of intendants to summon wit- 
nesses. 

47-149. Arrest, fine and commitment of dis- 
orderly persons; assistance. 

47-150. Marshals and constables may be re- 
quired to arrest persons; commit- 
ment. 

47-151. Punishment for violation of ordi- 
nances. 

47-152. Powers enumerated conferred on 
towns previously created. 

Article 5. 
Taxes and Licenses. 
47-161. Annual tax on property. 



Sec. 

47-162. Same; tax in Greeley ville not to 
exceed ten mills on each dollar 
of valuation. 

47-163. Same; tax in Carlisle, Johnsonville 
and Lake View not to exceed 
twenty mills on each dollar. 

47-164. Same; tax in Duncan not to ex- 
ceed twenty-five mills on each dol- 
lar. 

47-165. Same; tax in Nichols not to exceed 

forty mills on each dollar. 
47-166. Same; additional five mills in Mc- 

Clellanville. 
47-167. Same; ten mill tax in Lynchburg 

and Ridgeville. 
47-168. Same; twelve mill tax in Mayes- 

ville. 

47-169. Same; fifteen mill tax in certain 
towns. 

47-170. Same; sixteen mills in Cameron 
and Port Royal. 

47-171. Same; twenty mills in certain towns. 

47-172. Same; twenty-five mill tax in Pel- 
ion. 

47-173. Business or occupation license. 

47-174. Collection of such tax. 

47-175. Blank. 

47-176. Borrowing in anticipation of taxes. 



Article 1. 
Incorporation and Surrender of Clwrter. 

§ 47-101. Petition for incorporation. 

The citizens of any proposed town of not less than one hundred nor more 
than one thousand inhabitants in this State, desiring to be incorporated, shall 
file with the Secretary of State their petition for that purpose, setting out the 
corporate limits proposed for the town and the number of inhabitants therein 
and signed by ten freehold electors thereof, who are freeholders in the precinct 
in which the proposed town is located. 

1948 (45) 1821. 

§ 47-102. Election thereon. 

The Secretary of State shall then issue to three or more persons of such 
proposed town a commission authorizing them to provide for the registration 
of all electors within the proposed corporate limits and to appoint three man- 
agers of the election. At such election such registered electors shall vote on 
the following questions: first, incorporation; second, the name cf the town; 
third, the selection of an intendant and four wardens. The managers shall 
certify the result of such election under oath to the Secretary of State and, 
if in favor of incorporation, the Secretary of State shall issue to the in- 
tendant and wardens-elect a certificate of incorporation of such town with the 

25 



§ 47-103 Code of Laws of South Carolina § 47-10' 

privilege, powers and immunities, and subject to the limitations, provided by 
law. 

1948 (45) 1821. 

§47-103. Charter fee. 

Before the issue of the commission herein provided for by the Secretary of 
State he shall require the incorporators to produce a receipt of the State Treas- 
urer for a fee of ten dollars. Such receipt shall be filed with the applications 
in his office. 

1942 Code §7420; 1932 Code §7420; Civ. C. '22 §4532; Civ. C. '12 §2911; Civ. C. '02 
§ 1953; 1896 (22) 76. 

§ 47-104. Maximum corporate limits. 

The corporate limits of towns of less than one thousand inhabitants, in- 
corporated under the provisions of this chapter, shall not extend further than 
one mile from the center thereof. 

1948 (45) 1821. 

§ 47-105. Same ; exceptions for islands. 

The citizens of any island within the territorial limits of this State may have 
such island incorporated under the provisions of this chapter and § 47-104 
relative to the corporate limits not extending further than one mile from the 
center of the town shall not apply to the incorporation of any such island. 

1950 (46) 2169. 

§ 47-106. Surrender of old charter; incorporation under this chapter. 

Any town of less than one thousand inhabitants, already chartered, which is 
desirous of surrendering its charter and accepting incorporation under this 
chapter may be incorporated under this chapter. The town council of such 
town may submit the question to a vote of the qualified electors at an election 
ordered on twenty days' notice. If the election results in favor of surrender- 
ing the old charter and accepting a charter under this chapter the town council 
shall certify such results, accompanied by the sworn return of the managers 
of such election, to the Secretary of State, who shall thereupon issue to the 
council a certificate of incorporation of such town with the privileges, powers 
and immunities and subject to the limitations prescribed in this chapter. 

1942 Code § 7422; 1932 Code § 7422; Civ. C. "22 § 4534; Civ. C. '12 § 2913; Civ. C. '02 
§ 1955; 1896 (22) 78. 

§ 47-107. Forfeiture or surrender of charter without reincorporation. 

Whenever it shall appear that a town of less than one thousand inhabitants 
has decreased in population since its incorporation to less than one hundred 
inhabitants, the charter of such town shall thereby become forfeited. And 
whenever a majority of the registered electors of any town of less than one 
thousand inhabitants shall file with the intendant or wardens of such town 
a petition asking for an election on the question of surrendering the charter 
of such town, such intendant or wardens shall order an election to determine 

26 



§47-111 Municipal Corporations §47-113 

the question, at which all qualified voters of such town shall be permitted to 
vote, and if two-thirds of those voting shall vote in favor of surrendering such 
charter the intendant or wardens shall certify the result to the Secretary of 
State who shall immediately thereupon cancel the charter theretofore issued 
to such town. 
1948 (45) 1821. 

Article 2. 
Intendant and Wardens; Town Council. 

§ 47-111. Qualifications, election and term. 

The officers of each town in this State of not more than one thousand in- 
habitants shall be an intendant and four wardens who shall be citizens of the 
United States and shall have beefTresidents of their respective towns for four 
months immediately preceding their election. Such officers shall be elected 
annually and at such place in their town as the intendant and wardens shall 
designate, ten days public notice being previously given. They shall hold 
their offices for a term of one year and until their successors shall have been 
elected and qualified. 

1948 (45) 1940. 

§ 47-1 12. Same ; two year term in certain towns. 

Notwithstanding the provisions of § 47-111, in the towns of Aynor in Horry 
County, Bethune in Kershsaw County, Bonneau in Berkeley County, Bluffton in 
Beaufort County, Chapin in Lexington County, Clio in Marlboro County, Cross 
Hill in Laurens County, Ellcnton in Aiken County, Hardeeville in Beaufort 
County, Health Springs in Lancaster County, Lowrys in Chester County, Lynch- 
burg in Lee County, McClellanville in Charleston County, Nichols in Marion 
County, North in Orangeburg County, North Mullins in Marion County, Ocean 
Drive Beach in Horry County, Olar in Bamberg County, Pamplico in Florence 
County, Pelion in Lexington County, Port Royal in Beaufort County, Ridge 
Spring in Saluda County, Ridgeville in Dorchester County, Sellers in Marion 
County, Silverstreet in Newberry County and Yemassee in Hampton County, the 
intendant or mayor and wardens, aldermen or councilmen shall be elected 
every two years and their terms of office shall be for two years and until their 
successors shall have been elected and qualified. 

1942 Code § 7675^17; 1941 (42) 21; 1944 (43) 1182; 1947 (45) 306; 1948 (45) 1641, 1940; 
1949 (46) 136, 337, 385, 450; 1950 (46) 2049, 2532; 1951 (47) 41, 395. 

§ 47-113. Same; special provision for Ebenezer. 

In the town of Ebenezer, York County, the mayor and councilmen shall 
be elected for a term of two years. In the municipal elections in December 
of each year council shall be elected as follows: The mayor shall be elected in 
each even numbered year for a term of two years. Two of the original council- 
men having been elected for a term of one year and two for a term of two 
years, their successors have been and shall hereafter be elected for two year 

27 



§47-114 Code of Laws of South Carolina §47-118 

terms. The town council may promulgate proper rules and regulations gov- 
ningall such 
1943 (45) 2021. 



erning all such elections. 



§ 47-1 14. Same ; special provisions for Gray Court. 

The term of office of the mayor and councilmen of Gray Court, in Laurens 
County, shall be for a period of two years and until their successors have been 
elected and qualified. 

1950 (46) 1943. 

§ 47-114.1. Same; date of election in Cross Hill. 

The mayor and councilmen of the town of Cross Hill, in Laurens County, 
shall be elected on the second Tuesday in January in each even numbered year. 

1951 (47) 41. 

§ 47-1 14.2. Same ; date of election in Health Springs. 

In the toWn of Health Springs in Lancaster County the intendant and wardens 
shall be elected on the second Tuesday in July in each even numbered year. 

1951 (47) 395. 

§ 47-1 14.3. Same ; date of election in Ocean Drive Beach. 

In Ocean Drive Beach, in Horry County, the intendant and wardens shall 
be elected on the second Monday in April in each odd numbered year. 

1951 (47) 9. 

§ 47-11 5. Same ; date of election in Ridgeville. 

In the town of Ridgeville in Dorchester County the intendant and wardens 
shall be elected on May first in each odd numbered year. 

1950 (46) 2049. 

§ 47-116. Same; special provision for Swansea. 

In the town of Swansea in Lexington County the town officers shall consist 
of a mayor and four councilmen. The mayor shall be elected every two years. 
The four councilmen shall be elected for terms of four years but two of the 
councilmen shall be elected every two years, the councilmen first elected 
having been elected two for two years and two for four years. All officers 
shall serve until their successors are elected and qualified. The mayor and 
four councilmen who shall be elected on the second Tuesday in July shall 
take office on August first following the election. 

1950 (46) 1925. 

§47-117. Blank. 

§ 47-118. Oath of intendant and wardens. 

The intendant and wardens, before entering upon the duties of their offices, 
shall take the oath prescribed by the Constitution of the State and also the 
following oath, to wit : "As intendant (or warden) of the town of I 

2S 



§47-119 Municipal Corporations §47-122 

will equally and impartially, to the best of my skill and ability, exercise the 

trust reposed in me and will use my best endeavors to preserve the peace and 

carry into effect, according to law, the purpose of my election. So held me, 

God!" 

1942 Code § 7405; 1932 Code § 740S; Civ. C. '22 § 4517; Civ. C. '12 § 2896; Civ. C. '02 
§ 1938; 1896 (22) 76; 1898J22) 772. 

§ 47-1 19. Officers to hold over until successors are elected. 

In the event any such election goes by default from failure to give the no- 
tice required, the intendant and wardens in office shall continue so to act un- 
til due notice can be given and an election held as provided by this chapter 
and all their actions and ordinances as such officers are hereby confirmed un- 
til their successors are duly elected. 

1942 Code § 7406; 1932 Code § 7406; Civ. C. '22 § 4518; Civ. C. '12 § 2897; Civ. C. '02 
§ 1939; 1896 (22) 76; 1898 (22) 772. 

§ 47-120. Vacancies. 

In case a vacancy shall occur in the office of intendant or any of the wardens 

an election shall be held to fill such vacancy and the intendant and wardens 

or the wardens, as the case may be, shall give ten days' previous public notice 

of such election. But should the vacancy occur within sixty days of the 

annual election the town council may, in its discretion, refuse to order an 

election to fill the vacancy. In case of sickness or temporary absence of the 

intendant, the wardens shall form a council, which is empowered to elect one 

of their number to act as intendant during such sickness or absence. 

1942 Code § 7407; 1932 Code § 7407; Civ. C. '22 § 4519; Civ. C. '12 § 2S9S; Civ. C. '02 
§ 1940; 1896 (22) 77. 

Two wardens may order election. — Upon tion to fill vacancies. State v. Rice, 66 S. 
refusal of members of town council to C. 1, 44 S. E. 80 (1903). 
qualify, two wardens may order an elec- 

§ 47-121. When the Governor may order election of officers. 

Whenever it shall happen that a sufficient number of the board of intend- 
ant and wardens of any town to constitute a quorum shall be prevented from 
discharging their duties and functions by reason of death, resignation or other 
disability, the Governor shall order an election for intendant and wardens of 
such town and appoint all officers necessary for the holding and declaring of 
such election. Such officers shall proceed to discharge their respective duties 
in the same manner and with the same effect as though they had been ap- 
pointed by the municipal authorities provided for in this chapter. 

1942 Code §7408; 1932 Code §7408; Civ. C. '22 §4520; Civ. C. '12 §2899; Civ. C. '02 
§ 1941; 1900 (23) 385. 

§ 47-122. Exemption from road and police duty. 

The intendant and wardens shall be exempt from the performance of 

road and police duty within the limits of their corporation. 

1942 Code § 7411; 1932 Code § 7411; Civ. C. '22 § 4523; Civ. C. '12 § 2902; Civ. C. '02 
§ 1944; 1896 (22) 78. 

29 



§ 47-123 Code of Laws of South Carolina § 47-133 

§47-123. Town council. 

The intendant of any such town shall, as often as the occasion may require, 

summon the wardens to meet him in council. Such council shall be known 

by the name of the town council of such town. A majority of the members of 

the council shall constitute a quorum for the transaction of business. 

1942 Code § 7409; 1932 Code § 7409; Civ. C. '22 § 4521; Civ. C. '12 § 2900; Civ. C. '02 
§ 1942; 1896 (22) 77; 1897 (22) 500. 

§47-124. Records. 

Any such town council shall keep a record of all its official acts and ordi- 
nances. 

1942 Code § 7419; 1932 Code § 7419; Civ. C. '22 § 4531; Civ. C. '12 § 2910; Civ. C. '02 
§ 1952; 1896 (22) 78. 

Article 3. 
Recall of Intendant or Wardens in Certain Counties. 

§47-131. Recall authorized. 

The intendant or any warden of any town of less than one thousand pop- 
ulation in any of the counties of Aiken, Allendale, Bamberg, Beaufort, Berkeley, 
Calhoun, Edgefield, Greenville, Laurens, Marlboro, McCormick, Newberry, Oconee 
and Richland may be removed from office in the manner provided in this 
article. 

1942 Code § 7425-2; 1940 (41) 1903. 

§47-132. Petition for recall. 

Whenever qualified registered electors of any town equal in number to 
at least forty per cent of the entire registered electors registered for the last pre- 
ceding municipal election file with the Governor a petition demanding the removal 
of the intendant or any warden and stating the grounds for such demand, the 
signatures to the petition showing the place of residence and the occupation 
of each signer and stating that he was a qualified registered elector in the last 
preceding municipal election of the town and the petition being duly verified 
on oath, the Governor shall order an election for a day forty-five days after 
the filing of the petition with the Governor; but if the forty-fifth day falls 
on Sunday or on a legal holiday the election shall be held on the next day 
thereafter which is not a Sunday or legal holiday. After receiving any such 
petition the Governor shall have ten days in which to examine it and investi- 
gate and determine as to the reasonableness of the grounds as alleged in the 
petition for the recall election and whether it conforms to the requirements 
herein set forth. 

1942 Code § 7425-2; 1940 (41) 1903. 

§ 47-133. Conduct of election. 

Whenever an election shall be ordered under the provisions of this article, 
the election shall be conducted by the managers of election under the rules, 
regulations and penalties applying to other elections. The managers of elec- 
tion shall provide ballots, on which shall be placed the name of the intendant or 

30 



§ 47-134 Municipal Corporations § 47-144 

warden whose removal the petition has demanded and also the name of any 
other candidate for the position then held by the intendant or warden, such 
ballots to be prepared at least five days before the date of the election. 
1942 Code § 7425-2; 1940 (41) 1903. 

§ 47-134. Result of election ; second election. 

The person receiving the majority of the votes cast in such election shall 
hold the office during the unexpired term and the intendant shall not be re- 
moved unless a majority vote is received by some other person. But in 
case no one receives a majority vote a second election shall be held, at which 
the ballots shall contain only the names of the two candidates receiving the 
highest number of votes for the office. The second election shall be held on the 
third day after the first election unless delayed by a contest as to the result 
of the election, in which case the managers of elections shall advertise a day 
for the second election not later than ten days after the first election or after 
the result of the first election shall have been determined. If the recall 
petition asked for the recall of the intendant and one or more of the wardens 
or of more than one of the wardens separate elections shall not be necessary 
but one election may be had for the recall of all those named in the petition. 

1942 Code § 7425-2; 1940 (41) 1903. 

Article 4. 

General Powers. 

§ 47-141. Ordinances generally. 

Every such town council may under its corporate seal ordain and estab- 
lish all such rules and bylaws and ordinances respecting the streets, ways, 
public wells and springs or fountains of water, market and police of such 
town and for preserving health, peace, order and good government within 
it as they may deem expedient and proper, not repugnant to the laws of this 
State. All such bylaws and ordinances shall at all times be subject to revi- 
sion and repeal by the General Assembly. 

1942 Code § 7409; 1932 Code § 7409; Civ. C. '22 § 4521; Civ. C. '12 § 2900; Civ. C. '02 
§ 1942; 1896 (22) 77; 1897 (22) 500. 

§ 47-142. Building permits. 

The town council of every town in this State between one hundred and one 

thousand inhabitants may by ordinance provide for building permits in the 

town. 

1942 Code § 7424; 1932 Code § 7424; Civ. C. '22 § 4536; Civ. C. '12 § 2915; Civ. C. '02 
§ 1957; 1899 (23) 54; 1906 (25) 10. 

§47-143. Blank. 

§ 47-144. Requirement of police duty. 

Any such town council may classify and arrange the inhabitants liable to 
police duty and require them to perform such duty as occasion may require 

31 



§47-145 Code of Laws of South Carolina §47-148 

and may enforce performance thereof under such penalties as are established 

by law. The town council shall have power to compound with persons liable 

to perform such duty upon such terms as they shall by ordinance establish. 

1942 Code § 7410; 1932 Code § 7410; Civ. C. '22 § 4522; Civ.- C. '12 § 2901; Civ. C. '02 
§ 1943; 1896 (22) 78. 

§ 47-145. Auctions and auctioneers. 

Any town council may regulate sales at auction within the limits of its town 
and may grant licenses to auctioneers. But nothing herein shall extend to 
sales by or for the sheriff, clerk of court, judge of probate, coroners, ex- 
ecutors and administrators, assignees or any other person under the order 
of any court, magistrate or other inferior court or by the owner of the property 
sold. 

1942 Code § 7415; 1932 Code § 7415; Civ. C. '22 § 4527; Civ. C. '12 § 2906; Civ. C. '02 
§ 1948; 1896 (22) 76. 

Cross reference. — As to bond given by 
auctioneer to city or town council, see 
§ 56-201. 

§ 47-146. Later election in case of failure to hold when due, etc. 

Whenever any election in any such town shall fail of its purpose because 
of a tie vote or otherwise or whenever any such election shall fail to be held 
for any reason, the officers of such town charged with holding such election 
shall, whenever such failure appears, proceed forthwith to appoint a day 
and advertise for and hold another election and so continue to do until the 
purpose of such election has been attained. 

1942 Code § 7425; 1932 Code § 7425; Civ. C. '22 § 4537; Civ. C. '12 § 2916; 1905 (24) 943. 

§ 47-147. Appointment of constables and marshals. 

Every such town council and its successors in office shall have a common 
seal and may appoint from time to time such and so many proper persons 
to act as marshals or constables as it shall deem expedient or proper. Such 
officers shall have all the powers and privileges and be subject to all the duties, 
penalties and regulations provided by the laws of the State for the office of 
constable and shall receive such compensation as the town council may pre- 
scribe. 

1942 Code § 7409; 1932 Code § 7409; Civ. C. *22 § 4521; Civ. C. '12 § 2900; Civ. C. '02 
§ 1942; 1896 (22) 77; 1897 (22) 500. 

§ 47-148. Power of intendants to summon witnesses. 

The intendants duly elected and qualified shall, during their terms of office, 

have the same power which a magistrate now has to compel the attendance 

of witnesses and require them to give evidence upon the trial before them of 

any person for the violation of the laws or the ordinances of the town. 

1942 Code § 7409; 1932 Code § 7409; Civ. C. '22 § 4521; Civ. C. '12 § 2900; Civ. C. '02 
§ 1942; 1896 (22) 77; 1897 (22) 500. 

32 



§47-149 Municipal Corporations §47-152 

§ 47-149. Arrest, fine and commitment of disorderly persons; assistance. 

The intendant or town council of any such town may arrest and, upon con- 
viction, commit to the town guardhouse for a space of time not exceeding 
thirty days and fine not exceeding one hundred dollars any person who may 
be guilty of disorderly conduct in the town to the annoyance of the citizens 
thereof. The marshal of the town shall make such arrest and call to his 
assistance the posse comitatus, if necessary, and upon failure to perform such 
duty he shall be fined in a sum not exceeding one hundred dollars for each 
and every offense. 

1942 Code § 7417; 1932 Code § 7417; Civ. C. '22 § 4529; Civ. C. '12 § 2908; Civ. C. '02 
§ 1950; 1896 (22) 76; 1897 (22) 501. 

§ 47-150. Marshals and constables may be required to arrest persons; commit- 
ment. 
The intendant and wardens, in person, or any of them may authorize and 
require any marshal or constable especially appointed for that purpose to 
arrest and, upon conviction before the intendant or town council, commit 
to the guardhouse which they are hereby authorized to establish or to the 
county jail or to the county chain gang, for a term not exceeding thirty days, 
any person who, within the corporate limits of any such town, may be en- 
gaged in a breach of the peace, any riotous or disorderly conduct, open ob- 
scenity, public drunkenness or any conduct grossly indecent or dangerous 
to the citizens of the town, or any of them. If the offender be committed to 
jail it shall be done at the expense of the town. But nothing herein contained 
shall be construed to prevent trial by jury. 

1942 Code § 7418; 1932 Code § 741S; Civ. C. '22 § 4530; Civ. C. '12 § 2909; Civ. C. '02 
§ 1951; 1896 (22) 78; 1897 (22) 501. 

§ 47-151. Punishment for violation of ordinances. 

The said intendant or council may impose fines for offenses against bylaws 

and ordinances adopted pursuant to the provisions of § 47-141 and appropriate 

such fines to the use of the corporation. But no fines shall exceed one hundred 

dollars. The intendants or town council may issue execution to the sheriff 

of the county for the collection of all fines imposed by either of them. 

1942 Code § 7409; 1932 Code § 7409; Civ. C. '22 § 4521; Civ. C. '12 § 2900; Civ. C. '02 
§ 1942; 1896 (22) 77; 1897 (22) 500. 

§ 47-152. Powers enumerated conferred on towns previously created. 

All municipal corporations of this State having a population of not less 
than two hundred and not more than one thousand inhabitants are hereby 
endowed with the powers enumerated in this chapter. The powers here- 
by conferred are in addition to those already enjoyed by such corporations 
under their respective charters. 

1942 Code § 7423; 1932 Code § 7423; Civ. C. '22 § 4535; Civ. C. '12 § 2914; Civ. C. '02 
§ 1956; 1897 (22) 469; 1899 (23) 54. 

[5 SC Code]— 3 33 



§ 47-161 Code of Laws of South Carolina § 47-165 

Article 5. 

Taxes and Licenses. 

§47-161. Annual tax on property. 

Each such town council may by ordinance impose an annual tax upon all 
real and personal property within the corporate limits of the town, but such 
tax shall not exceed fifty cents on the one hundred dollars of assessed valua- 
tion of such property. 

1942 Code § 7414: Civ. C. '22 § 4526; Civ. C. '12 § 2905; Civ. C. '02 § 1947; 1896 (22) 
78; 1913 (28) 53: 1917 (30) 332; 1920 (31) 815; 1923 (33) 167; 1933 (38) 64, 259; 1936 
(39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 (42) 27. 

Section is not amended by Workmen's compensation law, they are to be met by 

Compensation Act. — The Workmen's Com- the proceeds from the sources of income 

pensation Act has no amending effect upon provided for municipalities by this section, 

this section, and where obligations arise Brown v. Patrick, 202 S. C. 236, 24 S. E. 

on the part of municipalities under the (2d) 365 (1943). 

§47-162. Same; tax in Greeleyville not to exceed ten mills on each dollar of 
valuation. 

The town council of the town of Greeleyville in Williamsburg County may by 
ordinance, impose an annual tax on all real and personal property within the 
corporate limits of said town not to exceed ten mills on each dollar of valua- 
tion. 

1945 (44) 107. 

§47-163. Same; tax in Carlisle, Johnsonville and Lake View not to exceed 
twenty mills on each dollar. 
The town councils of the towns of Carlisle in Union County, Johnsonville in 
Florence County and Lake View in Dillon County may levy such tax for ordinary 
purposes of said respective towns as such respective councils may deem nec- 
essary, not exceeding twenty mills on each dollar of property valuation. But 
in Carlisle the matter of levying the additional levy of fifteen mills shall first 
be submitted to the qualified electors of said town. 

1942 Code § 7414; 1932 Code § 7414; Civ. C. '22 § 4526; Civ. C. '12 § 2905; Civ. C. '02 
§ 1947; 1896 (22) 78; 1913 (28) 53; 1917 (30) 332; 1920 (31) 815: 1923 (33) 167; 1933 
(38) 64, 259; 1936 (39) 1313, 1381: 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 
1941 (42) 27; 1948 (45) 1674; 1949 (46) 17. 

§ 47-164. Same ; tax in Duncan not to exceed twenty-five mills on each dollar. 

The town council of the town of Duncan in Spartanburg Count}- may im- 
pose an annual tax on all taxable property within the corporate limits of said 
town not in excess of twenty-five mills on each dollar of valuation. 

1942 Code § 7414; 1932 Code § 7414; Civ. C. '22 § 4526; Civ. C. '12 § 2905; Civ. C. '02 
§ 1947; 1896 (22) 78; 1913 (28) 53; 1917 (30) 332; 1920 (31) 815; 1923 (33) 167; 1933 (38) 
64. 259; 1936 (39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 
(42) 27. 

§ 47-165. Same ; tax in Nichols not to exceed forty mills on each dollar. 

The town of Nichols in Marion County may levy an annual tax for ordinary 
purposes not exceeding forty mills on each dollar of valuation. But if the an- 

34 [5 SC Code J 



§ 47-166 Municipal Corporations § 47-170 

nual tax levy shall exceed fifteen mills in any one year, the levy in excess 
of fifteen mills shall not be imposed until it has first been submitted to the 
qualified electors in said town for approval by a majority of such electors 
voting thereon. 

1942 Code § 7414; 1932 Code § 7414; Civ. C. '22 § 4526; Civ. C. '12 § 290S; Civ. C. '02 
§ 1947; 1896 (22) 78; 1913 (28) S3; 1917 (30) 332; 1920 (31) 815; 1923 (33) 167; 1933 (38) 
64, 259; 1936 (39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 
(42) 27. 

§ 47-166. Same ; additional five mills in McClellanville. 

The town of McClellanville in Charleston County may levy an additional 
tax of five mills on all of the property, real and personal, within its corporate 
limits but such authority shall cease at the end of the town's fiscal year in 
which the present war terminates. 

1943 (43) 167. 

§ 47-167. Same ; ten mill tax in Lynchburg and Ridgeville. 

The town councils of the towns of Lynchburg and Ridgeville may by ordi- 
nance impose an annual tax on all real and personal property within the 
corporate limits of their respective towns, but no such tax shall exceed ten 
mills. 

1947 (45) 305; 1949 (46) 304. 

§ 47-168. Same ; twelve mill tax in Mayesville. 

The town council of the town of Mayesville in Sumter County may by ordi- 
nance impose an annual tax on all real and personal property within the cor- 
porate limits of said town, but such tax shall not exceed twelve mills or 
one dollar and twenty cents on each one hundred dollars of valuation. 

1942 Code §7414; 1932 Code §7414; Civ. C. '22 §4526; Civ. C. '12 §2905; Civ. C. '02 
§1947: 1896 (22) 78; 1913 (28) 53: 1917 (30) 332; 1920 (31) 815: 1923 (33) 167; 1933 (38) 
64, 259; 1936 (39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 
(42) 27. 

§ 47-169. Same ; fifteen mill tax in certain towns. 

The towns of Donalds in Abbeville County. Pincivood in Sumter County and 

Prosperity in Nexvberry County may, respectively, levy and collect a tax for 

ordinary purposes not to exceed fifteen mills. 

1942 Code § 7414; 1932 Code § 7414; Civ. C. '22 § 4526; Civ. C. '12 § 2905; Civ. C. '02 
§ 1947; 1896 (22) 78; 1913 (28) 53; 1917 (30) 332; 1920 (31) 815: 1923 (33) 167; 1933 (38) 
64, 259; 1936 (39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 
(42) 27; 1945 (44) 99; 1946 (44) 1344. 

§ 47-170. Same ; sixteen mills in Cameron and Port Royal. 

The town councils of the towns of Cameron and Port Royal may, by ordi- 
nance, impose an annual tax on all real and personal property within the 
corporate limits of said respective towns, but such tax shall not exceed sixteen 
mills or one dollar and sixty cents on each one hundred dollars of valuation. 

1942 Code § 7414; 1932 Code § 7414; Civ. C. '22 § 4526; Civ. C. '12 § 2905; Civ. C. '02 
§ 1947; 1896 (22) 78; 1913 (28) 53; 1917 (30) 332; 1920 (31) 815; 1923 {33) 167; 1933 (3S) 

35 



§47-171 Code of Laws of South Carolina §47-175 

64, 259; 1936 (39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 
(42) 27; 1948 (45) 2040. 

§ 47-171. Same; twenty mills in certain towns. 

The towns of Blenheim in Marlboro County, Ocean Drive Beach in Horry 

County, Pacolet in Spartanburg County, Ridge Spring in Saluda County and 

Scranton in Florence County may levy and collect a tax for ordinary purposes 

not to exceed twenty mills. 

1942 Code § 7414; 1932 Code § 7414; Civ. C. '22 § 4526; Civ. C. '12 § 2905; Civ. C. '02 
§ 1947; 1896 (22) -78; 1913 (28) 53; 1917 (30) 332; 1920 (31) 815; 1923 (33) 167; 1933 (38) 
64, 259; 1936 (39) 1313, 1381; 1937 (40) 72; 1939 (41) 88, 259, 549; 1940 (41) 1614; 1941 
(42) 27; 1944 (43) 1198; 1949 (46) 109, 176, 332; 1950 (46) 2276; 1951 (47) 300. 

§ 47-172. Same ; twenty-five mill tax in Pelion. 

The town council of the town of Pelion in Lexington County may levy an 
annual tax not to exceed twenty-five mills upon the assessed value of all 
taxable property situated within the corporate limits of said town. 

1947 (45) 162. 

§ 47-173. Business or occupation license. 

Any such town council may require by ordinance the payment of reasonable 
sums of money as a license tax by any person engaged or intending to en- 
gage in any calling, business, occupation or profession, in whole or in part, 
within the limits of the town, except those engaged in the callings or pro- 
fessions of teachers or ministers of the gospel. The council may collect such 
taxes from all persons representing publicly within the limits of the town, 
for gain or reward, any play or show of whatsoever nature or kind. Any 
such license tax shall be graduated according to the gross income of the 
person required to pay such license tax or upon the amount of capital in- 
vested in the business. 

1949 (46) 583. 

§ 47-174. Collection of such tax. 

Any such town council may punish persons who are delinquent in the pay- 
ment of any tax levied under § 47-173. The taxes so levied shall constitute a lien 
upon the property of the licensee which shall be paramount to all other liens 
except liens for State and county taxes. For the purpose of collecting such 
taxes, the town council may issue tax executions and place them in the hands 
of some officer for collection. Such officer shall have all of the rights con- 
ferred upon sheriffs for the collection of tax executions. 

1949 (461 583. 

§ 47-175. Commutation street tax. 

Any such town council may compound with the persons liable to work on 
its streets and ways and release such persons as may desire it upon the pay- 
ment of such sums of money as it may by ordinance fix as a fair equiva- 
lent therefor, to be applied by it to the use of the corporation. 

1942 Code § 7412; 1932 Code § 7412; Civ. C. '22 § 4524; Civ. C. '12 § 2903; Civ. C. '02 
§ 1945; 1896 (22) 76. 

36 



§47-176 



Municipal Corporations 



§47-176 



§ 47-176. Borrowing in anticipation of taxes. 

Any incorporated town of less than one thousand population may by a 
majority vote of the governing body of the town borrow not exceeding 
seventy-five per cent of the estimated income of such town for the current 
year, pledging for the repayment of such loan the taxes to be collected by 
such town or village. 

1942 Code § 7425-1; 1932 (37) 1241. 



CHAPTER 3. 
Cities and Towns of Over One Thousand Inhabitants Generally. 



Article 1. 
Mayor and Aldermen. 



Sec. 
47-201 
47-202 



Council meetings. 

Mayor pro tem; powers, duties and 
liabilities. 
47-203. Vacancies in other offices. 
47-204. Delivery of money, books, etc., to 

successors. 
47-205. Negligence, etc., of mayor or alder- 
man. 

Article 2. 

Elections. 

47-215. Result of election. 

47-216. Contest of election. 

47-217. Appeal to court. 

47-218. Oath of mayor and aldermen. 

Article 3. 
General Powers. 

47-230. Corporate name and general pow- 
ers; seal. 

47-231. Powers conferred on municipalities 
of one thousand to ten thousand. 

47-232. Policemen. 

47-233. Power of mayor to try cases. 

47-234. Guardhouse. 

Article 4. 

Property Taxes. 

47-241. Property tax. 

47-242. Same; two and one-half per cent tax 

in Eau Claire and Walterboro. 
47-243. Same; two and six-tenths per cent 

tax in Manning. 
47-244. Same; three per cent tax in certain 

towns. 



Sec. 
47-245. Same; three and three-tenths per 

cent tax in Bamberg. 
47-246. Same; additional tax in Bamberg. 
47-247. Same; three and five-tenths per cent 

tax in Dillon. 
47-248. Same; four per cent tax in certain 

towns. 
47-249. Same; four and one-half per cent 

tax in Pageland. 
47-250. Same; four and eight-tenths per 

cent in Barnwell. 
47-251. Same; five per cent tax in Mt. 

Pleasant and Pendelton. 
47-252. Same; five per cent tax in Myrtle 

Beach. 
47-253. Penalty, lien and other methods of 

collection. 
47-254. Same; special provisions for cities 

of fifty thousand to sixty thou- 
sand, 1930 census. 
47-255. Same; additional penalty in Bishop- 

ville. 
47-256. Same; special provision for Spar- 
tanburg. 
47-257. Blank. 

47-258. Fees in connection with collections. 
47-259. Effect of fiscal year. 
47-260. Assessments of abutting property 

not affected. 

Article 5. 

Occupation Taxes; Borrowing; Financial 
Statements. 

47-271. Business and occupation taxes. 
47-272. Same; graduation in Ridgeland. 
47-273. Same; exception for Varnville. 
47-274. Same; Rock Hill. 
47-275. Borrowing in anticipation of taxes. 
47-276. Same; special provision for Ches- 
ter. 



37 



§ 47-201 Code of Laws of South Carolina § 47-204 

Sec. Sec. 

47-277. Darlington may borrow against de- 47-279. Same; continuance of authority, 

linquent taxes also. pledge for successive series of 

47-278. Same; maturities of notes. notes. 

47-280. Financial statements of council. 

Article 1. 
Mayor and Aldermen. 

§ 47-201. Council meetings. 

The mayor of any city or town of over one thousand inhabitants may 
summon the aldermen to meet in council for the transaction of business per- 
taining to the corporation whenever in his judgment it may be necessary. 

1942 Code § 7430; 1932 Code § 7430; Civ. C. '22 § 4542; Civ. C. '12 § 2944; Civ. C. '02 
§ 1980; 1896 (22) 67; 1901 (23) 649. 

§ 47-202. Mayor pro tern ; powers, duties and liabilities. 

The city or town council of any such city or town may elect one of its 
aldermen mayor pro tempore, who shall be vested with all powers, duties 
and responsibilities attached to the office of mayor during the temporary 
absence or disability of the mayor or when the office of mayor shall be va- 
cated by reason of death, resignation, removal or permanent disability of 
the mayor, until a new mayor shall have been elected and qualified. 

1942 Code § 7429; 1932 Code § 7429; Civ. C. '22 § 4541; Civ. C. '12 § 2943; Civ. C. '02 
§ 1979; 1896 (22) 67; 1901 (23) 649. 

§ 47-203. Vacancies in other offices. 

In case a vacancy occurs in the office of mayor or alderman, an election to 
fill such vacancy shall be held in the same manner and after the same notice 
as provided in chapters 4 and 5 of this Title respectively. Should the va- 
cancy occur within sixty days of the regular election it shall be left to the 
discretion of the council whether or not it shall order an election to fill the 
vacancy. 

1942 Code § 7428; 1932 Code § 7428; Civ. C. '22 § 4540; Civ. C. '12 § 2942; Civ. C. '02 
§ 1978; 1896 (22) 67; 1901 (23) 649. 

Mandamus for special election. — Where vacancy existed within the meaning of this 

a general election was held to fill the offices section. Killian v. Wilkins, 203 S. C. 74, 

of mayor and aldermen, and no votes were 26 S. E. (2d) 246 (1943). 

cast due to the voters being unregistered, As to vacancies by resignation, when 

it was held that a writ of mandamus should created, when resignation is complete, see 

be issued ordering the holdover mayor and State v. Stickley, 80 S. C. 64, 61 S. E. 211 

council to hold a special election, since a (190S). 

§ 47-204. Delivery of money, books, etc., to successors. 

At the expiration of the term of any council the members shall pay over to 
their successors any money in their hands or under their control at the time of 
making such returns belonging to such corporation and likewise deliver up 
promptly at the end of their term all books, records or other property inci- 
dent to their offices to their successors. On failure so to do they shall be liable 
to the punishment prescribed in § 47-205. 

38 



§47-205 Municipal Corporation's §47-216 

1942 Code §7443; 1932 Code §7443; Civ. C. '22 §4555; Civ. C. '12 §2956; Civ. C. '02 
§ 1990; 1896 (22) 67; 1901 (23) 649. 

§ 47-205. Negligence, etc., of mayor or alderman. 

For any willful violation or neglect of duty, malpractice, abuse or oppres- 
sion, the mayor or aldermen so offending shall be liable to punishment by a 
fine not exceeding one hundred dollars or imprisonment not exceeding thirty 
days, besides being liable for damages to any person injured by such neglect, 
malpractice, abuse or oppression. 

1942 Code § 7444; 1932 Code § 7444; Civ. C. '22 § 4556; Cr. C. '22 § 524; Civ. C. '12 
§ 2957; Civ. C. '02 § 1991; 1896 (22) 67; 1901 (23) 649. 

Insufficient complaint. — In suit against Heath v. Blackman, 172 S. C. 158, 173 S. 

individual councilman for injuries to pedes- E. 300 (1934). 

trian resulting when sign fell on him, com- Quoted in Bryant v. Orangeburg, 70 S. C. 

plaint failing to allege any wrong on part 137, 49 S. E. 229 (1904). 
of individual defendant was insufficient. 

Article 2. 
Elections. 

§ 47-215. Result of election. 

Immediately upon the closing of the polls at any municipal election the 
managers shall count publicly the votes cast and make a statement of the whole 
number of votes cast in such election, together with the number cast for each 
person voted for for mayor and alderman. Upon the completion of such state- 
ment they shall transmit it to the council of such city or town which shall noti- 
fy the persons elected of their election. In case there be no council the man- 
agers shall proclaim the election and transmit a copy of such statement to the 
clerk of the court of the county wherein such town is situated and notify the 
persons elected of their election. The mayor or clerk of court shall, immediate- 
ly upon the receipt of such statement or report of the managers, open and 
publish it by announcing the whole number of votes cast for each person voted 
for as mayor or alderman. The person securing the highest number of votes 
for mayor shall be declared duly elected to that office and the persons receiving 
the highest number of votes for aldermen, in number equal to the number of 
aldermen to be chosen, shall be declared duly elected to that office. But the 
newly elected officers shall not qualify within forty-eight hours after the closing 
of the polls and in case a contest is filed the old officers shall hold over until 
the contest is finally determined. 

1942 Code §§ 7447, 7454; 1932 Code §§ 7447, 7454; Civ. C. '22 §§ 4559, 4569; Civ. C. '12 
§§ 2919, 2925; Civ. C. '02 §§ 1960, 1966; 1896. (22) 67; 1901 (23) 648; 1925 (34) 46; 1941 
(42) 253. 

Quoted in Whisonant v. Belue, 127 S. C. 
483, 121 S. E. 360 (1924). 

§ 47-216. Contest of election. 

Within forty-eight hours after the closing of the polls, any candidate voted 
for at any such election may contest the result of the election as reported by 

39 



V 



§ 47-217 Code of Laws of South Carolina § 47-218 

the managers by filing a written notice of such contest together with a con- 
cise statement of the grounds therefor with the mayor. The mayor shall 
within forty-eight hours after the filing of such notice call the council to- 
gether, after due notice to the contestant and contestee, and have a hearing 
on the contest. The council shall decide the issues raised by the contest and 
file its report together with all testimony and records with the clerk of the 
court of the county in which such town is situated and the clerk shall im- 
mediately notify the parties interested of the result of such contest. The 
council may, if their report warrants it as a matter of law, order a new elec- 
tion in the manner prescribed by law for such municipality. 

But a mayor or member of the council shall not be eligible to pass on 
the issues arising in any such contest in which he is a contestant or con- 
testee. In such cases the mayor shall notify the clerk of the court of the 
county of such fact and the clerk shall appoint one discreet qualified elector 
of the municipality to serve instead of each person so disqualified. 

1942 Code §§ 7447, 7454; 1932 Code §§ 7447, 7454; Civ. C. '22 §§ 4559. 4569; Civ. C. '12 
§§ 2919, 2925; Civ. C. '02 §§ 1960, 1966; 1896 (22) 67; 1901 (23; 648; 1925 (34) 46; 1941 
(42) 253. 

§ 47-217. Appeal to court. 

Within five days after notice of the decision of the council, any narty ag- 
grieved thereby may appeal from such decision to the court of common pleas 
of the county. The notice of appeal shall be served on the opposing parties 
or their attorneys and filed in the office of the clerk of court within such five 
days. Upon the filing of such notice the clerk of court shall place the appeal 
on calendar 2 for a hearing at the next term of court on the record as filed 
in his office. The notice of appeal shall act as a stay of further proceedings 
pending the appeal. 

1942 Code §§ 7447. 7454; 1932 Code §§ 7447, 7454; Civ. C. '22 §§ 4559. 4569; Civ. C. '12 
§§ 2919, 2925; Civ. C. '02 §§ 1960, 1966; 1896 (22) 67; 1901 (23) 648; 1925 (34) 46; 1941 
(42) 253. 

§47-218. Oath of mayor and aldermen. 

Such mayor and aldermen, before entering upon the duties of their respec- 
tive offices, shall take the oath prescribed by the Constitution and also the 
following oath, to wit: "As mayor (or alderman) of the city (or town) of 

I will equally, fairly and impartially, to the best of my ability and 

skill, exercise the trust reposed in me and I will use by best endeavors to pre- 
serve the peace and carry into effect according to law the purposes for which 
I have been elected. So help me God." 

1942 Code §§ 7447, 7454; 1932 Code §§ 7447, 7454; Civ. C. '22 §§ 4559, 4569; Civ. C. '12 
§§ 2919. 2925; Civ. C. '02 §§ 1960, 1966; 1896 (22) 67; 1901 (23) 648; 1925 (34) 46; 1941 
(42) 253. 



40 



§ 47-230 Municipal Corporations § 47-232 

Article 3. 
General Powers. 

§ 47-230. Corporate name and general powers ; seal. 

The corporate name of every city or town incorporated under chapter 4 

or chapter 5 of this Title shall be "the city (or town) of ," and by 

such corporate name such city or town may sue and be sued and plead and 
be impleaded in any court of law or equity in this State and may purchase, 
hold, enjoy and possess, for the use of the city or town in perpetuity or for 
a term of years, any estate, either real, personal or mixed, and sell, alien and 
convey any such estate at will. Such city or town shall have and keep a com- 
mon seal, which shall be affixed to all ordinances passed by the mayor and the 
aldermen thereof. 

1942 Code § 7431; 1932 Code § 7431; Civ. C. '22 § 4543; Civ. C. '12 § 2945; Civ. C. '02 
§ 1981; 1896 (22) 67; 1901 (23) 649. 

Cross reference. — As to limitation on under the provisions of this section, the 
amount of property to be owned by town, city has the power both to buy and sell, 
see § 47-68. and these powers include the right to ex- 
City may transfer property. — This sec- change. Carter v. Greenville, 175 S. C. 
tion authorizes a city to carry out a trans- 130, 178 S. E. 508 (1935). 
action whereby it would acquire a post Municipality may not hold property ad- 
office in exchange for the city hall, the versely to State. — A municipality cannot, 
United States would acquire a lot for a new as against the State, acquire title by ad- 
post office site, and the owners of lot would verse possession to property being devoted 
acquire the city hall property. Carter v. to other State uses. University v. Colum- 
Greenville, 175 S. C. 130. 178 S. E. 508 bia, 108 S. C. 244, 93 S. E. 934 (1917). 
(1935). "Use" means benefit. — The meaning of 
By exchange for other property. — The the word "use," as it appears in this sec- 
power to sell ordinarily means to sell for tion, would seem to be identical with the 
cash and does not include the right to word benefit. Carter v. Greenville, 175 S. 
accept property in exchange. However, C. 130, 178 S. E. 508 (1935). 

§ 47-231. Powers conferred on municipalities of one thousand to ten thousand. 

All municipal corporations of this State having a population of not less 

than one thousand and not more than ten thousand inhabitants are hereby 

endowed with the powers conferred on municipal corporations in chapter 4 

of this Title. The powers hereby conferred are in addition to those already 

enjoyed by such corporations under this chapter and under their respective 

charters. 

1942 Code § 7451; 1932 Code § 7451; Civ. C.,'22 § 4563; Civ. C. '12 § 2923; Civ. C. '02 
§ 1964; 1897 (22) 469; 1899 (23) 53. 

For related cases, see State v. Tidwell, Stated in Whitmire v. Cass, 213 S. C. 230, 

100 S. C. 248, 84 S. E. 778 (1915); Hill v. 49 S. E. (2d) 1 (1948). 
Abbeville, 59 S. C. 396, 38 S. E. 11 (1901). 

§47-232. Policemen. 

Any such city or town council may appoint or elect as many policemen, 
regular or special, as may be necessary for the proper government of such 
city or town and may fix their salaries and prescribe their duties. But in cities 
in which boards of police commissioners have been established by law the 

41 



§ 47-233 Code of Laws of South Carolina § 47-234 

election or appointment of the police officers and men of such cities shall be 
governed by the provisions of law pertaining to such board of police com- 
missioners for such cities. 

Such policemen shall be sworn in and vested with all the powers and duties 
conferred by law upon constables, in addition to the special duties imposed 
upon them by council. But such powers shall not be exercised beyond the 
limits of such city or town, except at railroad and bus stations located within 
one mile of the corporate limits of such city or town. At such railroad and 
bus stations and within three hundred yards thereof their jurisdiction shall 
be concurrent with that of peace officers of the county wherein such stations 
and territory within three hundred yards thereof are located. 

1942 Code § 7440; 1932 Code § 7440; Civ. C. *22 § 4552; Civ. C. '12 § 2953; Civ. C. *02 
§ 1987; 1896 (22) 67; 1901 (23) 649; 1949 (46) 595. 

Quoted in Rutledge v. Greenville, 155 S. 
C. 520, 152 S. E. 700 (1930). 

§ 47-233. Power of mayor to try cases. 

The mayor of any such city or town may speedily try all offenders against 
the ordinances of the city or town in a summary manner, without a jury 
unless demanded by the accused, unless such person enter into good and 
sufficient recognizance, to be approved by such mayor to appear for trial with- 
in four days after such arrest or at such other time as may be agreed upon, in 
which event the trial shall be deferred until that time. 

1942 Code § 7429; 1932 Code § 7429; Civ. C. '22 § 4541; Civ. C. '12 § 2943; Civ. C. '02 
§ 1979; 1896 (22) 67; 1901 (23) 649. 

Cross reference. — As to powers of of magistrate in criminal cases, see § 15- 
mayor or of intendent similar to powers 901. 

§ 47-234. Guardhouse. 

Any such city or town council may establish a guardhouse or houses and 
prescribe suitable rules and regulations for the government of them. They 
may, by ordinance, or the mayor and aldermen or any of them, in person, 
may authorize any policeman of such city or town to arrest and commit to 
such guardhouse for a period not exceeding twenty-four hours before trial, 
unless such arrest be made on Saturday in which case it shall not exceed 
forty-eight hours before trial, any person who, in view of any officer within 
the corporate limits, shall be engaged in a breach of the peace, riotous or 
disorderly conduct, open obscenity, public drunkenness or any conduct grossly 
indecent. The policemen of such city or town shall arrest and commit all 
such offenders, when required by any ordinance or any member of such coun- 
cil so to do and they may call to their assistance the posse comitatus if 
necessary in making such arrest. Upon failure of any such policeman to 
perform his duty he shall be liable to such fines and penalties as the council 
may fix by ordinance. The imprisonment provided for in this section shall 
not deprive the person so imprisoned of his right to trial as herein provided. 

1942 Code § 7441; 1932 Code § 7441; Civ. C. '22 § 4553; Civ. C. "12 § 2954; Civ. C. '02 
§ 19SS; 1896 (22) 67; 1901 (23) 649. 

42 



§ 47-241 Municipal Corporations § 47-242 

Article 4. 

Property Taxes. 
§47-241. Property tax. 

The council of any city or town containing over one thousand inhabitants 
may impose, by ordinance published at least twenty days, an annual tax 
(which shall not, except as otherwise expressly provided, be over two per 
cent of the assessed value of the property upon which it is imposed in towns 
containing between one thousand and five thousand inhabitants) on all real 
estate lying within the corporate limits of such city or town and on all personal 
property within such city or town including bonds and stocks of banks, insur- 
ance companies and other corporations and the real estate of churches and 
school associations from which such churches and school associations draw a 
revenue or which are intended to be rented out for such purpose, except such 
as is exempt from taxation under the Constitution and laws of this State. Such 
tax shall be levied by the city or town authorities on the property within the 
corporate limits as assessed for taxation for county and State purposes. In 
municipalities of over five thousand inhabitants such tax shall be imposed by 
ordinance published at least ten days, setting forth the amounts levied for the 
several purposes for which levies may be made. 

In addition to such annual tax such city and town council may levy such 
further annual tax as may be necessary to pay the interest on all outstanding 
bonds issued by such city or town and to create the necessary sinking funds 
for the redemption of such bonds at their respective maturities. 

1942 Code §§ 7437, 7470; 1932 Code §§ 7437, 7470; Civ. C. '22 §§ 4549, 4585; Civ. C. '12 
§§ 2937, 2950; Civ. C. '02 § 1984; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046, 1053; 1912 
(27) 635; 1915 (29) 71; 1916 (29) 736; 1918 (30) 851; 1919 (31) 148. 273; 1920 (31) 730, 
801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1929 (36) 194; 
1931 (37) 180, 314; 1933 (38) 129, 173; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 
1938 (40) 1549; 1940 (41) 1620. 

Cross reference. — As to taxes as debt due As to constitutionality of this section 

State constituting a first lien upon the as it formerly stood, see Robinson v. 

property taxed, see §65-2701. Columbia, 116 S. C. 193, 107 S. E. 476 

Cities over five thousand inhabitants are (1921). 

governed by this section as to authority Cited in Mason v. Williams, 194 S. C. 

to levy taxes and as to the extent of the 290, 9 S. E. (2d) 537 (1940). 
lien therefor. Home Bldg. & Loan Ass'n 
v. Spartanburg, 185 S. C. 353, 194 S. E. 143 
(1937). 

§ 47-242. Same ; two and one-half per cent in Eau Claire and Walterboro. 

Notwithstanding the provisions of § 47-241, the town council of the towns 
of Eau Claire and Walterboro may levy, as provided herein, an annual tax for 
ordinary town purposes not exceeding two and one-half per cent of the assessed 
value of all taxable property within the corporate limits of said respective 
towns. 

1942 (42) 1485; 1949 (46) 72. 



43 



§ 47-243 Code of Laws of South Carolina § 47-247 

§ 47-243. Same ; two and six-tenths per cent tax in Manning. 

The town council of the town of Manning may levy as herein provided an 
annual tax not exceeding two and six-tenths per cent of the assessed value 
of all taxable property lying within the corporate limits of said town. 

1946 (44) 1332. 

§ 47-244. Same ; three per cent tax in certain towns. 

The town councils of the towns of Bishopville in Lee County, Calhoun Falls 
in Abbeville County, Cayce in Lexington County, Central and Clemson in Pickens 
County, St. George and Suinnicrville in Dorchester County, Kingstree in Williams- 
burg Count}', Williamston in Anderson County and Winnsboro in Fairfield Coun- 
ty may levy as herein provided an annual tax not exceeding three per cent 
of the assessed value of all taxable property lying within the corporate limits 
of said respective towns. 

1942 Code § 7437; 1932 Code § 7437; Civ. C. '22 § 4549; Civ. C. '12 § 2950; Civ. C. '02 
§ 1984; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046; 1912 (27) 635; 1919 (31) 148; 1920 
(31) 730, 801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1931 
(37) 180, 314; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 1938 (40) 1549; 1940 
(41) 1620; 1942 (42) 1588; 1946 (44) 1332; 1947 (45) 145, 259; 1948 (45) 1871; 1949 (46) 
4; 1951 (47) 6, 39, 52, 367. 

§ 47-245. Same ; three and three-tenths per cent tax in Bamberg. 

The town council of the town of Bamberg may levy as herein provided an 

annual tax not exceeding thirty-three mills upon the assessed value of all 

taxable property within the corporate limits of said town. The town of 

Bamberg shall include the levy for the health and drainage district in the tax 

levy allowed under the provisions of § 47-241. 

1942 Code §§ 7437, 7470; 1932 Code §§ 7437, 7470; Civ. C. '22 §§ 4549, 4585; Civ. C. '12 
§§ 2937, 2950; Civ. C. '02 § 1984; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046, 1053; 1912 
(27) 635; 1915 (29) 71; 1916 (29) 736; 1918 (30) 851; 1919 (31) 148, 273; 1920 (31) 730, 
801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1929 (36) 194; 
1931 (37) 180, 314; 1933 (38) 129, 173; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 
1938 (40) 1549; 1940 (41) 1620; 1947 (45) 99. 

§ 47-246. Same ; additional tax in Bamberg. 

The town council of the town of Bamberg may levy for health purposes an 
annual tax of not more than five mills, in addition to the tax otherwise author- 
ized by law, upon all of the taxable property within the corporate limits of said 
town. 

1948 (45) 1873. 

§ 47-247. Same; three and five-tenths per cent tax in Dillon. 

The town council of the town of Dillon may levy as herein provided an annual 

tax not exceeding three and one-half per cent of the assessed value of all taxable 

property lying within the corporate limits of said town. 

1942 Code § 7437; 1932 Code § 7437; Civ. C. '22 § 4549; Civ. C. '12 § 2950; Civ. C. '02 
§ 19S4; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046; 1912 (27) 635; 1919 (31) 148; 1920 
(31) 730, 801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; '1927 (35) 76; 1931 
(37) 180, 314; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 1938 (40) 1549; 1940 
(41) 1620. 

44 



§ 47-248 Municipal Corporations § 47-253 

§ 47-248. Same ; four per cent tax in certain towns. 

The towns of Allendale, Lake City, Seneca and York may levy as herein pro- 
vided an annual tax not exceeding four per cent of the assessed value of all 
taxable property lying within the corporate limits of said respective towns. 

1942 Code § 7437; 1932 Code § 7437; Civ. C. '22 § 4549; Civ. C. '12 § 2950; Civ. C. '02 
§ 1984; 1896 (22) 67; 1901 (23) 649; 190S (25) 1046; 1912 (27) 635; 1919 (31) 148; 1920 
(31) 730, 801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029: 1927 (35) 76; 1931 
(37) 180, 314; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 193S (40) 1549; 1940 
(41) 1620; 1947 (45) 245; 1949 (46) 213; 1951 (47) 236. 

§ 47-249. Same ; four and one-half per cent tax in Pageland. 

The town council of the town of Pageland in Chesterfield County may by 
ordinance impose an annual tax on all real and personal property within 
the corporate limits of said town of not exceeding forty-five mills on the dol- 
lar on such taxable property in said town. 

1949 (46) 374. 

§ 47-250. Same ; four and eight-tenths per cent tax in Barnwell. 

The town council of the town of Barnwell may levy as herein provided an 
annual tax not exceeding forty-eight mills upon the assessed value of all 
taxable property within the corporate limits of said town. 

1948 (45) 1635. 

§ 47-251. Same; five per cent tax in Mt. Pleasant and Pendleton. 

The town councils of the towns of Mt. Pleasant and Pendleton may levy as 

herein provided an annual tax not exceeding five per cent of the assessed 

value of all taxable property lying within the corporate limits of said town. 

1942 Code § 7437: 1932 Code § 7437; Civ. C. '22 § 4549; Civ. C. '12 § 2950; Civ. C. '02 
§ 1984; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046; 1912 (27) 635; 1919 (31) 148; 1920 
(31) 730, 801, 867; 1922 (32) 922: 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1931 
(37) 180, 314; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 1938 (40) 1549; 1940 
(41) 1620; 1947 (45) 259: 1949 (46) 6. 

§ 47-252. Same ; five per cent tax in Myrtle Beach. 

The city council of the city of Myrtle Beach may levy an annual tax of not 
exceeding fifty mills upon all taxable property within the corporate limits of 
said city for general corporate purposes, of which levy the proceeds of not 
exceeding ten mills may be expended to promote the growth of said city. 

1948 (45) 1827. 

§ 47-253. Penalty, lien and other methods of collection. 

Any such council may provide for the payment of a penalty not exceeding 
fifteen per cent of the taxes so levied for nonpayment of such taxes when 
due, payable when the taxes become delinquent. The taxes so levied and also 
such penalties shall constitute a lien upon the property upon which the tax is 
levied until paid, paramount to all other liens except the lien for county and 
State taxes. For the purpose of collecting such taxes and penalties the 
council may enforce payment against the property of defaulters to the same 
extent, and substantially in the same manner, as is provided by law for the 

45 



§ 47-254 



Code of Laws of South Carolina 



§ 47-25* 



collection of State and county taxes and penalties, except that executions to 
enforce the payment of such taxes and penalties shall be issued under the 
seal of the corporation by the clerk thereof and directed to the chief of police 
or any other officer designated by the city or town council for that purpose 
and except, further, that all sales under and by virtue of any such execu- 
tion shall take place in front of the city or town hall or other public place 
designated by ordinance in such city or town. 

No city containing more than five thousand inhabitants may by ordinance 
extend the lien herein provided for a longer term than three years after the 
tax shall have become due and payable. 

1942 Code §§ 7437, 7470; 1932 Code §§ 7437, 7470: Civ. C. '22 §§ 4549, 4585; Civ. C. '12 
S§ 2937, 29S0; Civ. C. '02 § 1984; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046. 1053; 1912 
(27) 635; 1915 (29) 71; 1916 (29) 736; 1918 (30) 851; 1919 (31) 1-48. 273; 1920 (31) 730, 
801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1929 (36) 194; 
1931 (37) 180, 314; 1933 (38) 129, 173; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 
1938 (40) 1549; 1940 (41) 1620. 



Omission of unrepealed amendments 
from section upon re-enactment. — The 

amendment and re-enactment of this section 
by act March 13, 1919 (31 St. at Large, 
p. 148) and act Feb. 20, 1920 (31 St. at 
Large, p. 730), without incorporating there- 
in the provision added by act Feb. 20, 1912 
(27 St. at Large, p. 635), is not a repeal 
of such 1912 amendment. Charleston 
Heights Co. v. Charleston, 138 S. C. 187, 
136 S. E. 393 (1926). 

That this section, as amended and re- 
enacted by act Feb. 26, 1920 (31 St. at 
Large, p. 801), omitted the provision of 
the original act for a penalty of fifteen per 
cent on delinquent taxes and also omitted 
the amendments of act March 13, 1919 (31 
St. at Large, p. 148), and act Feb. 20, 
1920 (31 St. at Large, p. 730), relating to 
towns of York and Clover, is not an im- 
plied repeal of such omitted provisions. 
Charleston Heights Co. v. Charleston, 138 
S. C. 187, 136 S. E. 393 (1926). 

Federal liens have priority. — Even though 
State, county, and city taxes, together with 
special assessments, are assessed against 



specific property and become liens upon 
it, the liens of the United States have pri- 
ority over such taxes and special assess- 
ments subsequently assessed. United States 
v. Greenville, 118 F. (2d) 963 (1941). 

Discretion in providing penalty for non- 
payment of taxes. — The legislative intent 
is that the council could exercise its dis- 
cretion in providing for penalty for non- 
payment of taxes in any way that it legally 
cared to do. The inclusion of the ordi- 
nance and the publication in the tax provi- 
sion excludes the ordinance and publication 
in the penalty provision. Home Bldg. & 
Loan Ass'n v. Spartanburg, 185 S. C. 313, 
194 S. E. 139 (1937). 

Collector may sue for past-due taxes. — 
Where there is a duly constituted fiscal 
authority for the purpose of collecting 
taxes, it is proper that an action against 
a taxpayer for past-due taxes be brought 
bv such fiscal officer in his name. Roth- 
rock v. Oakman, 195 S. C. 123, 10 S. E. 
(2d) 345 (1940). 

Quoted in United States v. Woodside, 34 
F. Supp. 281 (1940). 



§47-254. Same; special provisions for cities of fifty thousand to sixty thou- 
sand, 1930 census. 
The city council of any city with a population between fifty thousand and 
sixty thousand inhabitants, based upon the 1930 census, may provide for the 
payment of a penalty of not exceeding five per cent of the taxes so levied for 
nonpayment of such taxes when due and payable. Such city council may, 
after such taxes have been delinquent for the full period of six months, add 
an additional five per cent penalty, but in no case shall such penalty exceed 
ten per cent. And the provisions of this section shall extend to and apply to 
all paving assessments and other assessments and any and all taxes creating 

46 



§ 47-255 Municipal Corporations § 47-259 

a lien upon real and personal property. All executions, levy and sale costs 

shall be the sum of one dollar and actual advertising costs. 

1942 Code § 7470; 1932 Code § 7470; Civ. C. '22 § 4585; Civ. C. '12 § 2937; 1908 (25) 
1053; 1915 (29) 71; 1916 (29) 736; 1918 (30) 851; 1919 (31) 273; 1927 (35) 76; 1929 (36) 
194; 1933 (38) 129, 173. 

§ 47-255. Same ; additional penalty in Bishopville. 

The town council of the town of Bishopville may, in addition to the penalty 
provided in § 47-253 for the nonpayment of taxes when due, provide an addi- 
tional penalty of not exceeding seven per cent per year on all taxes remain- 
ing unpaid. 

1947 (45) 320. 

§ 47-256. Same ; special provision for Spartanburg. 

The council of the city of Spartanburg may provide for the payment of a penalty 

not exceeding ten per cent of the taxes so levied for nonpayment of such taxes 

when due, payable when such taxes become delinquent, but only two per 

cent of such penalty shall be levied for the first month that such taxes are 

delinquent, three per cent for the second month and five per cent for the 

third month. The total penalty shall in no event exceed ten per cent. 

1942 Code § 7470; 1932 Code § 7470; Civ. C. *22 § 4585; Civ. C. '12 § 2937; 1908 (25) 
1053; 1915 (29) 71; 1916 (29) 736; 1918 (30) 851; 1919 (31) 273; 1927 (35) 76; 1929 (36) 
194; 1933 (38) 129, 173. 

§47-257. Blank. 

§ 47-258. Fees in connection with collections. 

The clerk and the chief of police or other officer so designated as aforesaid 
shall be allowed the same fees and costs in the enforcement of such execu- 
tions and for sales thereunder as are allowed, respectively, to the county 
treasurer and sheriff. Such fees and costs shall be enforceable and collecti- 
ble in the same manner as fees and costs under county and State tax execu- 
tions and on sales thereunder. 

1942 Code §§ 7437, 7470; 1932 Code §§ 7437, 7470; Civ. C. '22 §§ 4549, 4585; Civ. C. '12 
§? 2937, 2950; Civ. C. '02 § 1984; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046, 1053; 1912 
(27) 635; 1915 (29) 71; 1916 (29) 736; 1918 (30) 851; 1919 (31) 148. 273; 1920 (31) 730, 
801, 867. 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1929 (36) 194: 
1931 (37) 180, 314; 1933 (38) 129, 173; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 
1938 (40) 1549; 1940 (41) 1620. 

§ 47-259. Effect of fiscal year. 

Nothing in this article contained shall be so construed as to prevent any such 

city or town the fiscal year of which differs from the fiscal year of the State 

from enforcing payment of its taxes and penalties and executions therefor 

according to the fiscal year of such city or town. 

1942 Code § 7437; 1932 Code § 7437; Civ. C. '22 § 4549; Civ. C. '12 § 2950; Civ. C. '02 
§ 1984: 1896 (22) 67; 1901 (23) 649; 1908 (25) 1046; 1912 (27) 635; 1919 (31) 148; 1920 
(31) 730, 801, 867; 1922 (32) 922; 1924 (33) 958, 960; 1926 (34) 1029; 1927 (35) 76; 1931 
(37) 180. 314; 1934 (38) 1576; 1935 (39) 39, 291; 1936 (39) 1290; 193S (40) 1549; 1940 
(41) 1620. 

47 



§47-260 Code of Laws of South Carolina §47-271 

§ 47-260. Assessments of abutting property not affected. 

Nothing in this article shall be so construed as to affect or abridge the lien 

of any assessment levied by any such municipal corporation upon abutting 

property for the purpose of paying for any permanent improvements upon 

streets or sidewalks or the intersection of streets or the curbing of streets 

or drains. 

1942 Code § 7470; 1932 Code § 7470; Civ. C. '22 § 4585; Civ. C. '12 § 2937; 1908 (25) 
1053; 1915 (29) 71; 1916 (29) 736; 1918 (30) S51; 1919 (31) 273; 1927 (35) 76; 1929 (36) 
194; 1933 (38) 129, 173. 

Article 5. 

Occupation Taxes; Borrowing; Financial Statements. 

§ 47-271. Business and occupation taxes. 

Any such city or town council may annually require by ordinance the pay- 
ment of such reasonable sum of moneys, not in excess of fifty dollars, as a 
license by any person engaged or intending to engage in any calling, business, 
occupation or profession, in whole or in part, within the limits of such city or 
town, except those engaged in the calling or profession of teachers or min- 
isters of the gospel. It may collect such license taxes from all persons 
representing publicly within the limits of such city or town, for gain or re- 
ward, any plays or shows of whatsoever nature or kind. But wholesalers de- 
livering goods to retailers in any municipality shall not be charged a business 
license therein by such municipality, unless such wholesaler maintains, within 
such municipality, a warehouse or mercantile establishment for distribution 
of the wholesalers' goods. Any such license shall be graduated according to 
the gross income of the person required to pay it or upon the amount of capital 
invested in the business. 

The city or town council may punish persons who are delinquents in paying 

any such license tax levied hereunder. 

1942 Code § 7433; 1932 Code § 7433; Civ. C. '22 § 4545; Civ. C. '12 § 2947; Civ. C. '02 
§ 1983: 1896 (22) 67; 1901 (23) 649; 1911 (27) 28: 1939 (41) 137; 1948 (45) 1660. 

Cross reference. — As to business or Chester, 209 S. C. 455, 40 S. E. (2d) 684 

professional license fees in cities of over (1946). 

forty thousand, see § 47-407. Licenses must be graduated. — The pow- 

Section is constitutional as to whole- ers of a municipal corporation must be ex- 

salers. — The classification as to wholesalers ercised in strict conformity to the grant, 

set up by this section is neither arbitrary, and an ordinance imposing a license on a 

capricious, nor unreasonable, and does not business is void if it does not graduate the 

violate either the equal protection clauses license under this section. Wood-Menden- 

of S. C. Const., Art. 1, §5, or the Four- hall Co. v. Greer, 88 S. C. 249, 70 S. E. 

teenth Amendment of the Federal Consti- 724 (1911). 

tution. Ponder v. Greenville, 196 S. C. 79, And uniformly applied. — A municipality 

12 S. E. (2d) S51 (1941). possesses the power to impose a license 

Ordinances are construed in favor of citi- tax upon chain stores different from a tax 

zen. — Municipal ordinances enacted under imposed upon individual stores, when the 

the provisions of this section must be con- license is graduated on gross income and 

strued liberally in favor of the citizen and applies uniformly to all members of the 

strictly against the government, and no one same class. Great Atlantic & P. Tea Co. 

can be held to payment of the tax unless v. Spartanburg, 170 S. C. 262, 170 S. E. 

he comes clearly within the terms of the 273 (1933). 

particular statute or ordinance. Triplett v. Business partly outside city is taxable. — 

48 



§ 47-272 



Municipal Corporations 



§ 47-273 



Under the provisions of th : s section, a mu- 
nicipal corporation may lawfully impose 
a tax upon a corporation or business con- 
ducted within the city limits, although a 
portion of the business is carried on or 
the transaction is factually completed out- 
side such municipality. Triplett v. Chester. 
209 S. C. 455, 40 S. E. (2d) 684 (1946). 

Wholesalers without local distributory 
outlets are not taxed. — The title of the act 
enacting the proviso in this section concern- 
ing wholesalers indicates that its purpose 
is to limit licenses charged by municipal- 
ities to those wholesalers who have distri- 
buting houses located therein. In other 
words, it was not contemplated that out- 
of-town wholesalers should have to pay 
any license, whether for delivery or for 
other acts incidental to the legitimate con- 
duct of their business. Ponder v. Green- 
ville. 196 S. C. 79, 12 S. E. (2d) 851 (1941). 

Thus out-of-town wholesalers are on 
parity. — The effect of this section is to put 
all out-of-town wholesalers, including those 
outside the State, on a parity where they 
have no warehouse or mercantile establish- 
ment within a municipality. Ponder v. 
Greenville, 196 S. C. 79, 12 S. E. (2d) 851 
(1941). 

Delivery is essential to consummate sale. 
— This section doubtless alludes specifically 
to delivering goods, because clearly that is 
what is actually accomplished, whether 
the orders be taken before or at the time 
the driver of the truck calls upon the 
customers. The delivery is the essential 
part of the transaction, in consummation 
of the sale. Ponder v. Greenville, 196 S. 
C. 79, 12 S. E. (2d) 851 (1941). 

"Business license" distinguished from de- 
livery fee. — Where it was contended by a 
city that this section, if constitutional, must 
be limited to delivery of goods upon or- 
ders previously taken, the Supreme Court 



held itself unable to render so narrow an 
interpretation thereof. This section does 
not provide that wholesalers delivering 
goods to retailers in these municipalities 
shall not be charged a license fee for such 
delivery, but that they shall not be charged 
a "business license". Ponder v. Greenville, 
196 S. C. 79, 12 S. E. (2d) 851 (1941). 

Nuisances on streets cannot be licensed. 
Spencer v. Mahon, 75 S. C. 232, 55 S. E. 
321 (1906). 

Effect of unreasonable sum for license. — 
An ordinance of the city of Sumter, provid- 
ing that, if the gross annual income from 
the business of auctioning horses and mules 
does not exceed two thousand dollars, the 
license tax shall be three hundred dollars 
a day, and three hundred dollars plus two 
and one-half per cent of the excess if the 
gross annual income exceeds that amount, 
is void under S. C. Const., Art. 8, § 6, and 
this section, since it fixes an unreasonable 
sum for the license and does not graduate 
the license fairly according to gross income 
nor according to capital invested. Ex parte 
Bates, 127 S. C. 167, 120 S. E. 717 (1923). 

Recovery of taxes not levied in compli- 
ance with section. — Railroad suing to re- 
cover license taxes imposed by ordinance 
enacted pursuant to this section, and paid 
under protest, is entitled to the recovery 
of the taxes paid in the absence of evidence 
that the tax was levied either upon the 
gross income or upon the amount of capi- 
tal invested as required by this section. 
Atlantic Coast Line R. Co. v. Timmons- 
ville, 116 S. C. 316, 108 S. E. 83 (1921). 

For additional related cases, see Hill v. 
Abbeville, 59 S. C. 396, 38 S. E. 11 (1901); 
Florida Central & P. R. Co. v. Columbia, 
54 S. C. 266, 32 S. E. 408 (1899). 

Cited in Carroll v. York, 109 S. C. 1, 95 
S. E. 121 (1918). 



§ 47-272. Same ; graduation in Ridgeland. 

Notwithstanding the provisions of §47-271, in the town of Ridgeland any 
such business licenses may be graduated according to the number of persons 
employed in each business. 

1948 (45) 1660. 



§ 47-273. Same ; exception for Varnville. 

Notwithstanding the provisions of § 47-271, the town council of the town 
of Varnville may require wholesalers delivering goods to retailers in said town 
to pay an annual license fee irrespective of whether or not such wholesaler 
maintains a warehouse or mercantile establishment for distribution of goods 
in said town. 

1950 (46) 2378. 

[5 SC Code]— 4 49 



§ 47-274 Code of Laws of South Carolina § 47-276 

§47-274. Same; Rock Hill. 

The city of Rock Hill may by ordinance require the payment by any person 
of a reasonable sum as license to engage in any calling, business, occupation or 
profession in whole or in part within the corporate limits of said city except 
those engaged in the calling or profession of teacher or minister of the Gospel. 
Said license shall be graduated according to the gross income of the person 
required to pay such license or upon the amount of capital invested in his 
business. 

1948 (45) 1671. 

§ 47-275. Borrowing in anticipation of taxes. 

In anticipation of the collection of taxes in any fiscal year, any such city or 
town council may from time to time as occasion may require borrow money for 
corporate purposes on its note and pledge the taxes or business licenses levied 
or to be levied in such year for corporate purposes for the payment of such 
note and the discount or interest thereon and such note it may discount gen- 
erally, if desired, without responsibility to the person advancing money on 
such security to see to the application of the funds realized thereon. 

1942 Code § 7442; 1932 Code § 7442; Civ. C. '22 § 4554; Civ. C. '12 § 2955; Civ. C. '02 
§ 1989; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1017; 1909 (26) 80; 1910 (26) 623; 1939 (41) 
237. 

Section is constitutional. — This section suing tax anticipation notes of this char- 
authorizes the creation of a general obli- acter, was applied to a like set of facts in 
gation on the part of the city by the issu- Florence v. Anderson, 95 F. (2d) 777 
ance of tax anticipation notes. Such au- (1938). 

thorization is not prohibited by S. C. Const., Manner of issuing tax anticipation notes. 

Art. 8, § 7, which limits the bonded debt — -Tax anticipation notes or certificates is- 

of municipalities to eight per cent of the sued in anticipation of collection of taxes 

assessed value of taxable property therein. must be issued before such taxes are due, 

Georgetown v. Elliott, 95 F. (2d) 774 in the year in which such taxes are col- 

(1938). lectible, and must be payable solely from 

The holding in Georgetown v. Elliott, 95 such taxes. Bolton v. Wharton, 163 S. C. 

F. (2d) 774 (1938), which held that notes 242, 161 S. E. 454 (1931). 

which were in form negotiable municipal Municipal tax anticipation notes or cer- 

obligations were authorized as such by this tificates must show on their face that they 

section of the Code, and that there was are payable solely from taxes against which 

nothing in S. C. Const., Art. 8, § 7 which they have been issued. Bolton v. Wharton, 

prevented a municipal corporation from is- 163 S. C. 242, 161 S. E. 454 (1931). 

§ 47-276. Same ; special provision for Chester. 

The city of Chester may, during each calendar year, borrow money for the 
current expenses of said city and pledge for the payment of any moneys so 
borrowed the taxes becoming payable during each calendar year. But the 
amount so borrowed shall not in any year exceed the sum of fifty thousand 
dollars. No sale or pledge of certificates of indebtedness for street paving 
assessments and no money borrowed thereon shall be included in computing 
the amount above authorized, but shall be in addition thereto, as provided 
by an act to authorize the city of Chester to sell or pledge certificates of in- 
debtedness for street paving assessments and to guarantee the payment there- 
of and to borrow money thereon. 

1942 Code § 7675-16; 1932 Code § 7471; Civ. C. '22 § 4586; 1920 (31) 1107; 1926 (34) 1032. 

50 [5SCCode] 



§ 47-277 Municipal Corporations § 47-280 

§ 47-277. Darlington may borrow against delinquent taxes also. 

The city council of the city of Darlington may borrow money for corporate 
purposes on its note or notes in anticipation of the collection of delinquent 
taxes, delinquent and current business licenses and other revenues of the 
municipality levied or to be levied or the collection of which is anticipated 
during the current and/or succeeding fiscal years of said municipality, as oc- 
casion may require, and, to secure the payment of such notes, may pledge the 
taxes levied or to be levied during such fiscal year or years for corporate 
purposes, the business licenses levied or to be levied for corporate purposes 
during such fiscal year or years and the anticipated revenue of the munici- 
pality during such fiscal year or years from all other sources, including all 
uncollected taxes and business licenses levied during previous years and not 
collected but not barred by limitations. Any note or notes so issued shall 
be a valid and binding obligation upon the city of Darlington. 

1942 (42) 1756. 

§ 47-278. Same ; maturities of notes. 

Notes issued and sold under the terms of § 47-277 may be made payable 
over a period not exceeding three years. But if such notes are not made pay- 
able within a period of one year, the maturities of such notes shall be so 
arranged that the same amount thereof shall become due each year during the 
period that the notes shall run. 

1942 (42) 17S6. 

§ 47-279. Same; continuance of authority; pledge for successive series of notes. 

The authority hereby granted shall be a continuing authority that may be 
exercised in successive years. And uncollected and anticipated revenues here- 
in authorized to be pledged may be pledged for more than one series of notes, 
under appropriate ordinances providing that successive series of notes shall 
be taken to be secured by such revenues or any part of the same pro rata, or by 
• successive and independent liens thereon having priority according to the 
dates of the respective series of notes. 

1942 (42) 1756. 

§ 47-280. Financial statements of council. 

The members of each such city or town council shall, within thirty days 
after the expiration of their term of office and at the time of the qualifying 
of the members of the new council, make and deliver to the members of such 
new council a full and accurate account of their receipts and expenditures 
during the term for which they were elected. And they shall likewise pub- 
lish at the end of each year, after the beginning of their term of office, a 
full statement of their receipts and expenditures during the preceding year. 

1942 Code § 7443; 1932 Code § 7443; Civ. C. '22 § 4555; Civ. C. '22 § 2956; Civ. C. '02 
§ 1990; 1896 (22) 67; 1901 (23) 649. 



51 



§ 47-301 Code of Laws of South Carolina § 47-302 

CHAPTER 4. 
Towns Between One Thousand and Five Thousand Inhabitants. 



Article 1. Sec. 

Incorporation. 47-318. Same; special provision for Land- 

rum. 

. 47-319. Same; special provision for Lees- 

47-301. Petition for incorporation. v jU e 



Sec. 



47-320. Same; special provision for Lexing- 



47-302. Election. 

47-303. Issue of certificate of incorporation. io ~' 

47-304. Charter fee. ._ ,_, _ 

47-305. Municipalities already chartered %f% | ame; spec ! a P rovisl0n f ° r M "»> ns - 

may procure charter hereunder. 4/ " 322 - S \™^ speclal P r °™ lon s ^ p age- 

Article 2. 47-323. Same; special provisions for St. 

George. 

Officers. 47-323.1. Same; special provisions for West 

47-311. Mayor and alderman or wardens. Columbia. 

47-312. Same; special provision for Blacks- 47-324. Same: special provision for York, 

burg. 47-325. Council may fix salary of mayor and 

47-313. Same; special provisions for Cayce. councilmen. 

47-314. Same; special provision for Ches- 47-326. Town clerk and treasurer. 

terfield. 47-327. Additional town officers. 

47-315. Same; special provision for Cow- 47-328. Term of elected peace officers in 

pens. towns between thirty-two hundred 

47-316. Same; special provision for Due and thirty-three hundred; 1940 

West. census. 

47-317. Same; special provision for Estill. 47-329. Removal of such officers. 

Article 1. 

Incorporation. 

§ 47-301. Petition for incorporation. 

Citizens of any proposed town of this State of not less than one thousand 
nor more than five thousand inhabitants desiring to be incorporated shall 
present to the Secretary of State a petition for that purpose, setting forth 
the proposed corporate limits and number of inhabitants therein, signed by 
at least fifty freehold voters of such proposed town or a majority of the resi- 
dent freeholders within the proposed corporate limits. 

1942 Code § 7445; 1932 Code § 7445; Civ. C. '22 § 4557; Civ. C. '12 § 2917; Civ. C. '02 
§ 1958; 1896 (22) 67; 1902 (23) 1047. 

Applied in Allen v. Adams, 66 S. C. 344, Stated in Whitmire v. Cass, 213 S. C. 

44 S. E. 938 (1903). 230, 49 S. E. (2d) 1 (1948). 

§47-302. Election. 

The Secretary of State shall then issue a commission to not more than ten 
commissioners, citizens of the proposed town, empowering them to pro- 
cure the proper registration of the electors of the town within the proposed 
corporate limits and to advertise an election for twenty days and appoint 
managers to conduct it. Such election shall be conducted as all other mu- 
nicipal elections and at such election the electors shall vote on the following 
questions: (a) incorporation; (b) name; and (c) the election of a mayor and 
not less than six nor more than eight aldermen. The managers of such elec- 

52 



§ 47-303 Municipal Corporations § 47-305 

tion shall make a sworn return of the result of such election on such ques- 
tions to such commissioners, who shall thereupon make a return to the 
Secretary of State, attaching such managers' return. 

1942 Code § 7445; 1932 Code § 7445; Civ. C. '22 § 4557; Civ. C. '12 § 2917; Civ. C. '02 
§ 1958; 1S96 (22) 67; 1902 (23) 1047. 

§ 47-303. Issue of certificate of incorporation. 

If the result of such election be in favor of incorporation the Secretary of 
State shall issue to the mayor and aldermen-elect a certificate of incorpora- 
tion of such town under this chapter. 

1942 Code § 7445; 1932 Code § 7445; Civ. C. '22 § 4557; Civ. C. '12 § 2917; Civ. C. '02 
§ 195S; 1896 (22) 67; 1902 (23) 1047. 

§47-304. Charter fee. 

Before any commission authorized in this chapter is delivered by the Secre- 
tary of State he shall require the production of a receipt from the State 
Treasurer for twenty dollars as charter fee. Such receipt shall be filed with 
the papers in his office. 

1942 Code § 7448; 1932 Code § 7448; Civ. C. '22 § 4560; Civ. C. '12 § 2920; Civ. C. '02 
§ 1961; 1896 (22) 67. 

§ 47-305. Municipalities already chartered may procure charter hereunder. 

Any town of more than one thousand and less than five thousand inhabitants 
already chartered which is desirous of surrendering its charter and accepting 
incorporation under this chapter may be incorporated under this chapter. 
The town council of such town may submit the question to a vote of the 
qualified electors at an election ordered on twenty days' notice. If the election 
results in favor of surrendering the old charter and accepting a charter under 
this chapter the town council shall certify such results, accompanied by the 
sworn return of the managers of election, to the Secretary of State who 
shall thereupon issue to the council a certificate of incorporation of such 
town with the privileges, powers and immunities and subject to the limita- 
tions prescribed in this chapter. But for the purpose of holding the first 
election of officers under the new charter given under this section, the town 
council, under the old charter, may appoint the managers of election and 
certify the result to the officers so elected and supervise the election in the 
same manner as the election for intendant and wardens under the charter sur- 
rendered was conducted. 

1942 Code § 7450; 1932 Code § 7450; Civ. C. '22 § 4562; Civ. C. '12 § 2922; Civ. C. '02 
§ 1963; 1896 (22) 75. 

Applied in Black v. Fishburne, 84 S. C. Stated in Whitmire v. Cass, 213 S. C. 

451, 66 S. E. 681 (1910). 230, 49 S. E. (2d) 1 (1948). 



53 



§ 47-311 Code of Laws of South Carolina § 47-313 

Article 2. 

Officers. 

§ 47-311. Mayor and alderman or wardens. 

Any such town shall be governed by a mayor and six aldermen or, in case 
of municipalities divided into wards, one warden who is a qualified elector 
thereof from each ward. Such officers shall be citizens of the United States 
and shall be electors who actually reside in the corporate limits of such town 
and have so resided at least six months immediately preceding the day of 
election. The mayor and aldermen shall be the town council of such town and 
shall be elected every two years on such days and at such places in such town 
as shall be designated by the town council of the town, ten days' public no- 
tice thereof being previously given. They shall hold office for two years and 
until their successors shall have been elected and qualified. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918; Civ. C. '02 

§ 1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77; 1931 (37) 303, 383; 1939 
(41) 149; 1941 (42) 247. 

Mayor must be qualified voter. — A per- State v. Williams, 157 S. C. 290, 154 S. E. 
son elected mayor of a town is not legally 164 (1930). 
elected where he is not a qualified voter. . 

§ 47-312. Same; special provision for Blacksburg. 

The town of Blacksburg shall have a mayor, who shall be elected by the 

qualified voters of the town at large, such election to be held on the fourth 

Tuesday in March every two years. Said town shall have four aldermen, one 

from each of its wards, elected by the qualified voters of their respective wards, 

such elections to be held on the fourth Tuesday in March every two years. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918; Civ. C. *02 
§ 1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77; 1931 (.37) 303, 383; 1939 
(41) 149; 1941 (42) 247. 

Stated in Killian v. Wilkins, 203 S. C. 74, 
26 S. E. (2d) 246 (1943). 

§ 47-313. Same ; special provisions for Cayce. 

The town of Cayce shall have a mayor who shall be elected by the qualified 
electors of the town at large for a term of four years and until his successor 
shall have been elected and qualified and six aldermen, two of whom shall 
be residents of each of the three wards of said city but who shall be elected 
at large by the qualified electors of the town. Should an alderman from any 
particular ward move from that ward during his term of office, the office 
shall be declared vacant and the city council shall call an election to fill such 
vacancy for the unexpired term. In like manner, should any vacancy occur 
for any cause the city council shall call an election to fill such vacancy and 
it shall be filled as provided for the original term. 

The election shall be held on the fourth Tuesday in June in each even num- 
bered year. The six aldermen first elected having been elected, three for a term 
of four years and two for a term of two years, hereafter aldermen shall be 

54 



§ 47-314 Municipal Corporations § 47-319 

elected as their respective terms of office expire for terms of four years and 
until their respective successors shall have been elected and qualified. 
1950 (46) 1949, 2298. 

§ 47-314. Same ; special provision for Chesterfield. 

The town of Cliesterfield shall have a mayor and four aldermen and shall be 

divided into four wards. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918; Civ. C. '02 
§ 1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77; 1931 (.37) 303, 383; 1939 
(41) 149; 1941 (42) 247. 

§ 47-315. Same; special provision for Cowpens. 

The town council of the town of Cowpens shall consist of an intendant and 
four wardens who shall be elected for terms of two years and until their 
successors are elected and qualified. 

1942 Code § 7675-23; 1932 (37) 1349. 

§ 47-316. Same ; special provision for Due West. 

The original aldermen of the town of Due West in Abbeville County having 
been elected three for a term of one year and three for a term of two years, 
three of such aldermen shall be elected each year. Such elections shall be held 
on the first Monday of April. 

1948 (45) 1673, 1940. 

§ 47-317. Same ; special provision for Estill. 

The governing body of the town of Estill in Hampton County shall con- 
sist of a mayor and four councilmen, each of whom shall hold office for a 
term of two years and until their successors have been elected and qualify. 
They shall be citizens of the United States and shall have been residents of 
the town four months immediately preceding their election. They shall be 
elected every two years and at such place in each town as the mayor and 
councilmen shall designate, ten days public notice being previously given. 

1950 (46) 2046. 

§ 47-318. Same ; special provision for Landrum. 

The town of Landrum shall have a mayor and four aldermen who shall 

be elected from the qualified voters of the town at large. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918; Civ. C. '02 
§ 1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77; 1931 (37) 303, 383; 1939 
(41) 149; 1941 (42) 247. 

§ 47-319. Same; special provision for Leesville. 

The wardens (aldermen or members of the town council) of the town of 
Leesville in Lexington County shall be elected from the town at large. 
1942 (42) 1515, 1549. 

55 



§ 47-320 Code of Laws of South Carolina § 47-323.1 

§ 47-320. Same ; special provision for Lexington. 

The mayor and councilmen of the town of Lexington in Lexington County 
shall be elected for a term of four years, three of such councilmen being elected 
in each alternate year. 

1947 (45) 520. 

§ 47-321. Same ; special provision for Mullins. 

The town of Mullins shall have a mayor and six aldermen who shall be 

elected by the qualified voters of the town at large and not from wards. Such 

election shall be held on the first Tuesday in June in each even numbered 

year. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918: Civ. C. '02 
1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77, 1931 (37) 303, 383; 1939 
(41) 149; 1941 (42) 247. 

§ 47-322. Same ; special provisions for Pageland. 

The town council of the town of Pageland shall consist of a mayor and 
four aldermen. The terms of such officers shall commence on the first day 
of January in each even numbered year. The alderman shall be elected by 
the qualified electors of the town at large. 

1942 Code § 7675-46; 1939 (41) 199. 

§ 47-323. Same; special provisions for St. George. 

In the town of St. George in Dorchester County the mayor and city council- 
men shall be elected in an election to be held in April every odd numbered 
year preceding the year of a presidential election and shall serve for a term 
of four years and until their successors have been duly elected and qualified. 

1951 (47) 111. 

§ 47-323.1. Same ; special provisions for West Columbia. 

The town of W est Columbia shall have a mayor, who shall be elected by the 
qualified electors of the town at large for a term of four years and until his suc- 
cessor shall have been elected and qualified, and six aldermen, two from each 
of the three wards of the town who shall be elected by the qualified electors 
of their respective wards and who shall hold office for terms of four years 
and until their successors shall have been elected and qualified. Candidates 
from the various wards must reside therein. Should an alderman representing 
a particular ward remove from that ward during the term of his office, the 
office shall be declared vacant and the city council shall call an election to fill 
the vacancy. 

Elections under this section shall be held on the second Tuesday in August 
in each odd numbered year, the alderman first elected having been elected one 
in each ward for a term of two years and one in each ward for a term of four 
years. 

1951 (47) 396. 

56 



§ 47-324 Municipal Corporations § 47-328 

§ 47-324. Same ; special provision for York. 

All members of the town council of the town of York shall be elected at large 
by the vote of the citizens of the whole town and may be residents of any of 
the various wards of said town. 

1947 (45) 99. 

§ 47-325. Council may fix salary of mayor and councilmen. 

In incorporated cities and towns of this State of less than five thousand 
and more than one thousand inhabitants, according to the latest census of 
the United States of America, the city council may fix by ordinance a salary 
for the mayor not exceeding twelve hundred dollars per annum and a salary 
for each councilman of not more than three hundred dollars per annum. No 
salary of a mayor or councilman shall be increased or reduced during the term 
of office of any incumbent without the unanimous vote of the council. But 
in any such city or town in which on April 19 1945 the salary of the mayor 
exceeded twelve hundred dollars per annum or the salary of the councilmen 
exceeded three hundred dollars per annum such salaries shall not be affected 
by the provisions of this section. 

1945 (44) 178. 

§ 47-326. Town clerk and treasurer. 

Any such town council may elect a clerk and treasurer, who shall execute 

such bond for faithful performance of his duties as may be fixed by such town 

council. The salaries of the clerk and treasurer shall be fixed before their 

election. 

1942 Code § 7449; 1932 Code § 7449; Civ. C. '22 § 4561; Civ. C. '12 § 2921; Civ. C. '02 
§ 1962; 1896 (22) 67: 1911 (27) 22. 

§ 47-327. Additional town officers. 

Any such town council may if in its Judgment it is necessary, elect a 

recorder, manager, attorney and such other officers for the town as the council 

may from time to time find necessary or proper to have in the administration 

of the affairs of the town and fix the salaries for such officers. 

1942 Code § 7449; 1932 Code § 7449; Civ. C. '22 § 4561; Civ. C. '12 § 2921; Civ. C. '02 
§ 1962; 1896 (22) 67; 1911 (27) 22; 1946 (44) 1327. 

§ 47-328. Term of elected peace officers in towns between thirty-two hundred 
and thirty-three hundred, 1940 census. 
The town council of any town having a population of not less than thirty- 
two hundred nor more than thirty-three hundred by the census of 1940 may 
elect all peace officers for a term extending beyond the term of office of the 
members of the town council so electing and may fix by ordinance the term of 
office of all peace officers of such town who may be elected by such town coun- 
cil. But no peace officer so elected shall obtain any vested right to any office 
or position to which he is elected so as to deprive the town council of the right 
to remove such peace officer prior to the expiration of his term as herein pro- 
vided. 

1946 (44) 1310. 

57 



§ 47-329 



Code of Laws of South Carolina 



§ 47-329 



§ 47-329. Removal of such officers. 

The town council of any town having a population of not less than thirty- 
two hundred nor more than thirty-three hundred by the census of 1940 may at 
any time remove any peace officer for the good of the town, under such rules 
and regulations as the town council shall prescribe and the decision of the 
town council, in removing a peace officer prior to the expiration of the term 
for which he shall have been elected, shall be final and conclusive and shall 
rest entirely within the discretion of the town council, but the town council 
shall give its reason for its action for so removing the officer and shall file 
such reasons with the clerk of the town as a part of the town's public record. 

1946 (44) 1310. 



CHAPTER 5. 
Cities of Over Five Thousand Inhabitants.* 



Article 1. 
Incorporation. 
Sec. 

47-351. Petition for incorporation. 

47-352. Election. 

47-353. Result of election and effect thereof. 

47-354. Charter fee. 

47-355. Surrender of old charter and incor- 
poration under this chapter. 

47-356. Officers of such city continue in 
office. 

47-357. Liability of reincorporated cities for 
prior indebtedness. 

47-358. Rights acquired under previous 
charters unaffected. 

Article 2. 
Officers and Employees. 

47-371. Mayor and aldermen. 

47-372. Same; special provisions for 
Georgetown and Greenwood. 

47-373. Same; special provisions for Lan- 
caster. 

47-374. Same; special provision for Orange- 
burg; salaries. 

47-375. Terms of office. 

47-376. Same; four-year term in George- 
town. 

47-377. Bond of city council. 

47-378. City officers. 

47-379. Liability for wrongful acts of offi- 
cers. 

47-380. Liability of officers for abuse of 
office, etc. 



Article 3. 

City Improvement Commissions in Cities 
of 5,000 to 10,000. 
Sec. 
47-391. Appointment; term; vacancies. 
47-392. Organization of commission. 
47-393. Duties and powers of commission. 
47-394. Limitations on expenditures and 

contracts. 
47-395. Record of commission. 

Article 4. 
Certain Powers. 

47-401. Regulation of slaughter pens with- 
in or beyond corporate limits. 

47-402. Peace officers in certain cities. 

47-403. Removal of such officers. 

47-404. Requirement that coal be weighed 
on public scales in cities of ten 
thousand or more. 

47-405. Public baths in cities over twenty 
thousand. 

47-406. Cities of twenty thousand or over 
may dispose of unclaimed automo- 
biles. 

47-407. License fees in cities of over forty 
thousand. 

47-408. Certain cities of over forty-five thou- 
sand may hold land for municipal 
purposes. 

47-409. Cities over fifty thousand may ac- 
quire property for municipal 
purposes. 



* As to dwellings unfit for human habitation in municipalities over five thousand, see 
§§ 36-501 to 36-510. 

58 



§ 47-351 Municipal Corporations § 47-354 

Article 1. 

Incorporation 

§ 47-351. Petition for incorporation. 

Whenever one hundred citizens of any proposed city of this State, contain- 
ing more than five thousand inhabitants, shall desire that such city shall be- 
come incorporated, they may present to the Secretary of State a petition for 
that purpose, setting forth the name of the proposed city, the proposed cor- 
porate limits and the number of inhabitants thereof, signed by at least one 
hundred freehold voters of the proposed city. 

1942 Code § 7453; 1932 Code § 74S3; Civ. C. '22 § 4568; Civ. C. '12 § 2924; Civ. C. '02 
§ 1965; 1901 (231 648. 

§47-352. Election. 

The Secretary of State shall then issue a commission to not more than ten 
nor less than five commissioners, citizens of the proposed city, empowering 
them (a) to proceed to the proper registration of the electors within the pro- 
posed corporate limits of the proposed city, (b) to advertise an election for 
twenty consecutive days in the newspapers published within the proposed 
corporate limits of the proposed city or, if there be no newspaper published 
therein, by posting a notice of such election for twenty consecutive days in 
not less than three public places within such proposed corporate limits and 
(c) to appoint managers to conduct such election. The election shall be con- 
ducted as all other municipal elections and the electors shall vote thereat on 
the following questions: (a) incorporation, (b) name and (c) mayor and 
aldermen, voting for one alderman from each ward or, if the proposed city be 
not divided into wards, then for six aldermen from the proposed city at large. 

1942 Code § 7453; 1932 Code § 7453; Civ. C. '22 § 4568; Civ. C. '12 § 2924; Civ. C. '02 
§ 1965; 1901 (23) 648. 

§ 47-353. Result of election and effect thereof. 

The managers of such election shall make their sworn returns of the result 
of the election to the commissioners, who shall certify it to the Secretary of 
State. The return shall show the number of those voting in the election, to- 
gether with the number of those voting on each of such questions. If a ma- 
jority of those voting in such election shall vote in favor of such proposed 
territory being incorporated, then the Secretary of State shall issue a cer- 
tificate of incorporation of the proposed city, under this chapter, which shall 
state the name of the proposed city, and those receiving the highest number 
of votes for mayor and aldermen, respectively, in the election shall be the 
mayor and aldermen of such city until their successors shall have been elected 
as herein provided for. 

1942 Code § 7453; 1932 Code § 7453; Civ. C. '22 § 4568; Civ. C. '12 § 2924; Civ. C. '02 
§ 1965; 1901 (23) 648. 

§ 47-354. Charter fee. 

Before any commission authorized in this chapter is delivered by the Secre- 
tary of State, he shall require the production of a receipt from the State 

59 



§ 47-355 Code of Laws of South Carolina § 47-356 

Treasurer for twenty dollars as a charter fee. Such receipt shall be filed with 

the papers in his office. 

1942 Code § 7457; 1932 Code § 7457; Civ. C. '22 § 4572; Civ. C. *12 § 2928; Civ. C. '02 
§ 1969; 1901 (23) 648. 

§ 47-355. Surrender of old charter and incorporation under this chapter. 

Any city or more than five thousand inhabitants, already chartered, whether 
by special act or under a general law, which is desirous of surrendering its 
charter and accepting incorporation under this chapter may become incor- 
porated under this chapter in the following manner, to wit: upon the appli- 
cation to it of one hundred freeholders of such city, the city council shall, 
at a special meeting called for that purpose, of which meeting ten days' pub- 
lic notice shall be given, consider the question of surrendering its charter and 
becoming incorporated under this chapter and in case a majority of the 
council shall decide upon such surrender and incorporation they shall order 
an election upon such question in the manner herein provided. If a majority 
of the qualified electors vote in favor of such surrender and incorporation, they 
shall certify the result to the Secretary of State, who shall thereupon issue to 
the council a certificate of the incorporation of the city with the privileges, 
powers and immunities and subject to the limitations herein prescribed. But 
in a city of over twenty-five thousand inhabitants such election shall not be 
ordered except upon the written application of one thousand freeholders and 
after a decision in favor thereof by three-fourths of the council and two-thirds 
of the qualified voters must vote in favor of such surrender and incorporation 
before any certificate of incorporation under this chapter shall be issued. 

1942 Code § 7464; 1932 Code § 7464; Civ. C. '22 § 4579; Civ. C. '12 § 2931; Civ. C. '02 
§ 1972; 1901 (23) 648. 

Applied in Chapman v. Greenville, 127 v. Greenville, 89 S. C. 241, 71 S. E. 817 
S. C. 173, 120 S. E. 584 (1923); Bruce (1911). 

§ 47-356. Officers of such city continue in office. 

When any city already incorporated shall surrender its charter for the pur- 
pose of becoming incorporated under general laws its mayor and aldermen 
shall continue in office until the term for which they were elected shall ex- 
pire. And in the event of the death, removal or resignation of the mayor or 
any alderman the remaining members of the city council shall elect a succes- 
sor, who shall serve during the unexpired portion of the term of such mayor 
or alderman. At least twenty days before the expiration of their term the 
council so holding over shall order the first election for officers under the new 
charter and may supervise and direct the election, appoint the managers, 
canvass the votes, declare the result and within twenty days thereafter in- 
stall those who have been elected. 

1942 Code § 7465; 1932 Code § 7465; Civ. C. '22 § 4580; Civ. C. '12 § 2932; 1907 (25) 618. 

Cited in Whitmire v. Cass, 213 S. C. 230, 
49 S. E. (2d) 1 (1948). 

60 



§ 47-357 Municipal Corporations § 47-373 

§ 47-357. Liability of reincorporated cities for prior indebtedness. 

All cities that shall be incorporated under the provisions of this chapter 
because of the surrender of a previous charter shall be liable for any and all 
indebtedness, whether bonded or otherwise, and all contracts of the previously 
incorporated city existing at the time of the surrender of such previous charter 
shall make provision by issuing bonds or otherwise carrying out all such 
contracts for the payment of such indebtedness and interest thereon. 

1942 Code § 7466; 1932 Code § 7466; Civ. C. '22 § 4581; Civ. C. '12 § 2933; 1901 (23) 648. 

§ 47-358. Rights acquired under previous charters unaffected. 

The provisions of this chapter shall not affect the rights and liabilities ac- 
quired by any city under a charter granted and obtained prior to February 
19 1901. 

1942 Code § 7469; 1932 Code § 7469; Civ. C. '22 § 4584; Civ. C. '12 § 2936; Civ. C. '02 
§ 1975; 1901 (23) 659. 

Article 2. 

Officers and Employees. 

§47-371. Mayor and aldermen. 

Any such city shall be governed by a mayor and aldermen or, in the case of 

a municipality divided into wards, one alderman from each ward, who shall 

be known as the city council of such city. The mayor and aldermen shall be 

qualified electors of this State and of the county in which the city is situated 

and they shall have resided in the corporate limits of the city at least six 

months immediately preceding the day of election. If a city be divided into 

wards the alderman from each ward shall be a qualified elector thereof and 

shall be elected by the qualified electors thereof. The mayor and aldermen 

shall be elected every two years, on such days- and at such places in such city 

as shall be designated by the city council of the city, ten days' public notice 

thereof being previously given. 

1942 Code § 7453: 1932 Code § 7453; Civ. C. '22 § 4568; Civ. C. '12 § 2924; Civ. C. '02 
§ 1965; 1901 (23) 648. 

"Qualified elector" defined. — To be a so as to be entitled to vote at the election, 

"qualified elector" of a ward of a city, in State v. Union, 95 S. C. 131, 78 S. E. 738 

order to qualify him under this section to (1913). 
be alderman therein, one must be registered 

§ 47-372. Same; special provisions for Georgetown and Greenwood. 

In the cities of Georgetozvn and Greenwood there shall be six councilmen. 
1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21; 1949 (46) 232. 

§ 47-373. Same ; special provisions for Lancaster. 

On the first Tuesday in December in every even year an election shall be 
had in the city of Lancaster for three councilmen from wards two, three and 
four of said city and in every odd year such election shall be for a mayor and 
three councilmen from wards one, five and six. The mayor and six councilmen 
shall constitute the city council of said city. Vacancies shall be filled by the 

61 



§ 47-374 Code of Laws of South Carolina § 47-377 

election of a councilman from the ward in which the vacancy occurs. If 
any vacancy occurs in the city council and the unexpired term be for a period 
longer than six months, it shall be filled by special election to be called by 
the remaining members of the city council. Any candidate announcing for 
the office of city council shall state with his announcement the number of 
the particular ward which he is a candidate to represent. Candidates from 
the various wards must reside therein and in the event the line separating two 
wards runs through the residence of a candidate his ward shall be the one in 
which the greater portion of his residence is situate. Should the residence 
be situated equally in two wards then he shall select the ward of which he is 
a resident. Should a councilman representing a particular ward remove from 
that ward during the term of his office, his office shall be declared vacant and 
the city council shall call an election to fill the vacancy. 
1947 (45) 535; 1949 (46) 286; 1950 (46) 2324. 

§ 47-374. Same ; special provision for Orangeburg; salaries. 

The city of Orangeburg shall have a city council composed of a mayor and 
two councilmen. The salary of the mayor or any councilman shall not be 
increased or decreased during his term of office without the unanimous vote 
of council . 

1946 (44) 1364. 

§47-375. Terms of office. 

The mayor and alderman shall hold their offices for a term of two years 

and until their successors have been elected and qualified. But any city may 

by ordinance duly adopted make the term of office of the members of its city 

council coterminous with its fiscal year and the term of office of the members 

of the city council at the time of the adoption of such ordinance shall end 

at the end of the fiscal year nearest two years from the date of their election 

and when their successors shall have been elected and qualified and their 

successors shall hold office for a term of two years from the end of that fiscal 

year and until their successors have been elected and qualified. 

1942 Code § 7453; 1932 Code § 7453; Civ. C. '22 § 4568; Civ. C. '12 § 2924; Civ. C. '02 
§ 1965; 1901 (23) 648; 1945 (44) 78. 

§ 47-376. Same ; four-year term in Georgetown. 

In the city of Georgetown the term of office of the mayor and councilmen 
shall be four years. The councilmen first elected having served three for a 
period of two years and three for a period of four years their successors have 
been and shall hereafter be elected three in each alternate year to serve for a 
full period of four years so that there shall never be at one time a complete 
change in said office. 

1949 (46) 232. 

§ 47-377. Bond of city council. 

Any such city council shall give bond to such sum as may be fixed by them 
for the faithful performance of their duties. 

62 



§47-378 Municipal Corporations §47-391 

1942 Code § 7458; 1932 Code § 7458; Civ. C. '22 § 4573; Civ. C. '12 § 2929; Civ. C. '02 
§ 1970; 1901 (23) 648. 

§47-378. City officers. 

The city council of any such city may elect a clerk, treasurer, auditor, city 
attorney (who shall not be an officer of the corporation), building inspector, 
sewerage and plumbing inspector and any and all other officers that the city 
council may from time to time find it necessary or proper to have in the ad- 
ministration of the affairs of the city. •* f " 

1942 Code § 7458; 1932 Code § 7458; Civ. C. '22 § 4573; Civ. C. '12 § 2929; Civ. C. '02 
§ 1970; 1901 (23) 648. 

9 

§ 47-379. Liability for wrongful acts of officers. 

Any such city shall be liable for all damages done to the property of any 

citizen thereof, or property holder therein, by any of its officers, agents or 

servants under and by virtue of any authority or orders of the city council. 

1942 Code § 7456; 1932 Code § 7456; Civ. C. '22 § 4571; Civ. C. '12 § 2927; Civ. C. '02 
§ 1968; 1901 (23) 648. 

Liability is purely statutory. — In the ab- And applies only to property damage. — 
sence of statute a municipal corporation is This section is patently inapplicable to a 
not liable for a tort sustained by the act of case which is not for the recovery of dam- 
its officers. Parks v. Greenville, 44 S. C. ages to property. Abernathv v. Columbia, 
168, 21 S. E. 540 (1895); Young v. Charles- 213 S. C. 68, 48 S. E. (2d) 585 (1948). 
ton, 20 S. C. 116 (1883); Gibbes v. Beau- 
fort, 20 S. C. 213 (1883). 

§ 47-380. Liability of officers for abuse of office, etc. 

For any wilful violation or neglect of duty, malpractice, abuse or oppression 
the mayor or any alderman in cities of over five thousand inhabitants so of- 
fending shall be liable to punishment by fine not exceeding one hundred 
dollars or imprisonment not exceeding thirty days, besides being liable for 
damages to any person injured by such neglect, malpractice, abuse or oppres- 
sion. 

1942 Code § 1576; 1932 Code § 1576; Cr. C. '22 § 527; Cr. C. '12 § 596; Cr. C. '02 § 434; 
1901 (23) 648. 

Article 3. 

City Improvement Commissions in Cities of 5,000 to 10,000. 

§ 47-391. Appointment; term; vacancies. 

Any municipal corporation in this State of more than five thousand in- 
habitants and less than ten thousand inhabitants which has issued or is about 
to issue coupon bonds for the purpose of (a) purchasing, repairing or im- 
proving a city or town hall, a park or grounds therefor, a market or a guard- 
house, (b) enlarging, extending or establishing an electric light plant or other 
lights, waterworks or sewerage or improvements of streets and sidewalks, 
(c) the establishing of a gas plant or system, or (d) any other public improve- 
ment may by its city council elect or appoint not less than five nor more 
than seven citizens of such municipality, who shall be freeholders therein, 
as a city improvement commission, which shall be known and designated 

63 



§ 47-392 Code of Laws of South Carolina § 47-394 

as the city improvement commission of such municipal corporation and shall 
continue as such for a term of two years and until their successors are elected 
and qualified or until the improvements proposed or contemplated and for 
which such bonds have been or about to be issued are fully completed, as con- 
templated under the laws and ordinances providing therefor. Any vacancy oc- 
curring in such commission shall be filled by election or appointment of such city 
council and any member thereof may be removed for cause by any such city coun- 
cil. The members of such commission, before entering upon their duties, shall 
take the same oaths required of the members of the body electing or appoint- 
ing them. 

1942 Code § 7473; 1932 Code § 7473; Civ. C. '22 § 4588; 1920 (31) 893. 

§ 47-392. Organization of commission. 

Any such commission shall organize by electing one of its members as chair- 
man thereof and a secretary, who may be the same person as the clerk of 
such city council. 

1942 Code § 7474; 1932 Code § 7474; Civ. C. '22 § 4589; 1920 (31) 893. 

§ 47-393. Duties and powers of commission. 

Any such city improvement commission, subject to the approval of the city 
council of such municipal corporation, shall advertise for bids for the work 
to be done and for material to be used therein, with the right to reject any and 
all bids and to enter into contracts with the lowest responsible bidders there- 
in, and shall secure competent persons, if deemed advisable, to superintend 
the construction thereof and counsel and advise in matters relating thereto. 
Such commission may build, erect, establish, repair, extend, purchase or main- 
tain or contract for the building, erecting, establishing, repairing, extending, 
purchasing or maintaining of streets, sidewalks, waterworks, lighting plants, 
a sewerage system, a gas plant or system, a fire department, a city hall or a 
guardhouse of such city or for any of such improvements as may be contem- 
plated or proposed at the time of such appointment or election of such com- 
mission, subject to the approval of city council. 

1942 Code § 7474; 1932 Code § 7474; Civ. C. '22 § 4589; 1920 (31) 893. 

§ 47-394. Limitations on expenditures and contracts. 

No such commission shall expend more money than the amounts derived 
from the sale of bonds and such amounts must be expended for the purposes 
for which they were authorized and all payments for materials furnished, work 
performed and work and materials given out by contracts shall be made by 
the treasurer of such city on warrants issued by such commission and ap- 
proved by such city council. No member of any such commission shall be 
permitted to enter into any contract with such commission for furnishing ma- 
terials or for the construction of any work connected with the improvements 
contemplated. 

1942 Code § 7474; 1932 Code § 7474; Civ. C. '22 § 4589; 1920 (31) 893. 

64 



§ 47-395 Municipal Corporations § 47-403 

§47-395. Record of commission. 

A permanent record shall be made and kept by each such commission of all 
its proceeding's, contracts and other matters done and performed by 
it, including an accurate plan of the work done, showing the situation of 
the sewerage pipes, manholes, water flushes and all other things relating 
thereto that should be shown, and such records shall be open at all times 
to the inspection of any citizen of such corporation and to the city council 
thereof and shall be turned over to such city council as a permanent record 
thereof with all convenient speed on the completion of its works. 

1942 Code § 7474; 1932 Code § 7474; Civ. C. '22 § 45S9; 1920 (31) 893. 

Article 4. 
Certain Powers. 

§ 47-401. Regulation of slaughter pens within or beyond corporate limits. 

Municipal corporations in this State containing five thousand inhabitants 
or more may establish or permit or require the establishment of slaughter 
pens without and beyond their corporate limits and may prescribe regulations 
for the establishment, maintenance and conduct of them. They may enforce 
all such regulations as if such pens were established and conducted within 
the corporate limits. The police jurisdiction of any municipality that may 
establish, or permit the establishment of, a slaughter pen shall extend to 
and cover such pen and all land and property necessarily used in connection 
therewith, not exceeding five acres, for the purpose of protecting and pre- 
serving the health of the people in the inspection and slaughtering of animals 
for food and in the protection and use of any such slaughter pen and grounds 
and of the property therein or thereon, the transportation of meats from the 
pen to such city and preserving peace and order at such pen and on said 
grounds. 

1942 Code § 7472; 1932 Code § 7472; Civ. C. '22 § 4587; Civ. C. '12 § 2939; 1910 (26) 588. 

§ 47-402. Peace officers in certain cities. 

The town council of any city having a population of not less than seven 
thousand nor more than eight thousand, by the census of 1930, may elect all 
peace officers for a term extending beyond the term of office of the members 
of the town council so electing and may fix by ordinance the term of office 
of all peace officers of such town who are elected by the town council. But 
no peace officer so elected shall obtain any vested right to any office or posi- 
tion to which he is so elected, so as to deprive the town council of the right 
to remove such peace officer prior to the expiration of his term, as herein pro- 
vided. 

1942 Code § 7528-13; 1938 (40) 1806. 

§ 47-403. Removal of such officers. 

The town council of any such town may at any time remove any peace 
officer for the good of the town, under such rules and regulations as the town 
council shall prescribe, and the decision of the town council in removing a 
[5 SC Code]— 5 65 



§ 47-404 Code of Laws of South Carolina § 47-406 

peace officer prior to the expiration of the term for which he shall have been 
elected shall be final and conclusive and shall rest entirely within the discre- 
tion of the town council. But the town council shall give its reasons for its 
actions for so removing the officer and shall file such reasons with the clerk 
of the town as a part of the town's public records. 
1942 Code § 7528-13; 193S (40) 1806. 

§ 47-404. Requirement that coal be weighed on public scales in cities of ten 

thousand or more. 

The municipal authorities of the cities and towns of this State of not less 

than ten thousand inhabitants may require all dealers of coal to weigh all coal 

sold within the limits of such cities and towns upon the public scales of such 

cities and towns and to impose a charge therefor of not more than ten cents 

for each draft. Such municipal authorities may enforce the provisions of 

this section by such fine and imprisonment as may be prescribed by law for 

the violation of the ordinances of such cities or towns. 

1942 Code § 7529; 1932 Code § 7535; Civ. C. '22 § 4649; Civ. C. '12 § 2961; Civ. C. '02 
§ 1995; 1896 (22) 92. 

§ 47-405. Public baths in cities over twenty thousand. 

All cities of more than twenty thousand population may establish and main- 
tain such number of public baths as the local board of health may determine 
to be necessary. Each bath shall be kept open not less than fourteen hours 
per day and both hot and cold water shall be provided. The erection and 
maintenance of river or ocean baths shall not be deemed a compliance with 
the requirements of this section. Such cities may establish rates for the 
use of such baths and appoint officers therefor and ma)' enact laws for the 
government of such officers and authorize them to make regulations for the 
management thereof. 

1942 Code § 7535; 1932 Code § 7568; Civ. C. '22 § 4674; Civ. C. '12 § 2984; 1908 (25) 1079. 

§ 47-406. Cities of twenty thousand or over may dispose of unclaimed auto- 
mobiles. 
When any city in this State of twenty thousand inhabitants or over takes 
into its possession any automobile, whether abandoned, stolen or otherwise, 
and, after such possession for sixty days, its owner is not known and no claim 
has been made therefor, although diligent effort has been made to ascertain 
the owner, the police department of such city may advertise in some news- 
paper published in the county in which such city is located a notice that such 
city has in its possession such automobile, minutely describing it, for which 
no claim has been made and the owner of which is unknown. Such notice 
shall further state that at the expiration of thirty days, if no owner has ap- 
peared, claimed and proven his ownership, such automobile will be sold at 
public auction and shall give the time, terms and place of sale. The proceeds 
of such sale, less expenses, shall be forfeited to the uses of such city. But if 
within eight months of such sale any person satisfactorily proves his owner- 
ship or right of possession, all such proceeds over and above all expenses 

66 [5SCCode] 



§47-407 Municipal Corporations §47-409 

incident to the possession and sale of such automobile shall be delivered to 
such owner. Any person proving to be the owner or entitled to the possession 
of such automobile before such sale shall, upon paying all costs and expenses 
incident to the taking, keeping, advertising and proposed sale thereof, be 
given possession of such automobile and such city thereupon shall be dis- 
charged of any and all liability. 

1942 Code §7534; 1932 Code §7538: 1929 (36) 257. 

§ 47-407. License fees in cities of over forty thousand. 

Cities of over forty thousand inhabitants may require the payment of such 
sum of money, not exceeding twenty-five hundred dollars, for a license as 
in their judgment may be just and wise by any person or corporation engaged, 
or intending to engage, in any calling, business or profession, in whole or in part, 
within the limits of such cities, except those engaged in the calling or profession 
of teachers and ministers of the gospel. But whenever the amount of the li- 
cense shall exceed one thousand dollars the concurrence of two-thirds of the 
whole council and the mayor shall be necessary in the passage of any ordi- 
nance requiring such license. 

1942 Code §7550; 1932 Code U7373, 7434; Civ C '22 §§4505, 4546; Civ C '12 §§2948, 
3071; 1904 (24) 396. 

Cited in Enterprise Real Estate Co. v. 
Charleston, 107 S. C. 492, 93 S. E. 184 
(1917). 

§ 47-408. Certain cities over forty-five thousand may hold land for municipal 
purposes. 

The city council of any city of more than forty -five thousand inhabitants 
may have, hold and possess in fee simple, through purchase or otherwise, 
such lands as it shall deem proper to be used as hospital or quarantine sites, 
as parks or for other municipal purposes. But any such lands as are not ac- 
quired or held for the purpose of establishing a system of waterworks or in 
connection therewith shall be situated within a radius of twelve miles from 
the site of the city hall in such city. 

1942 Code § 7551; 1932 Code § 7529; Civ. C. '22 § 4643; Civ. C. '12 § 2958; Civ. C. '02 
§ 1992; 1899 (23) 51. 

City may not hold land adversely to possession of property being devoted to 
State. — A municipality cannot, as against other State uses. University v. Columbia, 
the State, acquire title to land by adverse 108 S. C. 244, 93 S. E. 934 (1917). 

§ 47-409. Cities over fifty thousand may acquire property for municipal pur- 
poses. 

All cities of more than fifty thousand inhabitants, as determined by the 
last census, may own, buy, or receive donations of lands and properties within 
the city limits, or within five miles of the corporate limits of any such city, to 
be used by the city for purposes for which a municipality may own land. 

1942 Code §7553; 1933 (3&) 295. 

67 



Code of Laws of South Carolina 



CHAPTER 6. 
Commission Form of Government. 



Article 1. 

Commission Form with Manager, Munici- 
palities of 2,000 to 4,000. 
Sec. 

47-451. Right to adopt commission form of 

government. 
47-452. Petition and order of election. 
47-453 to 47-455. Blank. 
47-456. Ballots and voting at elections. 
47-457. Result of election. 
47-458. Term of mayor and councilmen; 

vacancies. 
47-459. Salaries of mayor and councilmen. 
47-460. Meetings, quorum and procedure of 

council. 
47-461. Powers of council. 
47-462. City manager. 
47-463. Condemnation for health purposes 

in towns between 3,000 and 3,500, 

1940 census. 
47-464. Petition for removal of mayor or 

councilman. 
47-465. Order for recall election. 
47-466. Blank. 
47-467. Conduct of recall election; names 

on ballot. 
47-46S. Annual examination of books. 
47-469. Application of sections of articles 

4 and 5. 
47-470. Article inapplicable in Georgetown 

County. 

Article 2. 

Commission Form, Municipalities of 4,000 
to 10,000. 



47-481. 
47-481. 
47-482, 

47-483, 
47-484 
47-485, 
47-4S6, 
47-487, 



47-488 
47-489 

47-490 
47-491 



Adoption. 
1. Ballots in election on adoption. 
Per diem of commissioners of elec- 
tion. 

Blank. 

Blank. 

Meetings of council. 

Quorum, motions, measures, etc. 

Executive and administrative pow- 
ers to be distributed into three 
departments. 

Officers and employees. 

Commercial secretary in cities of 
7,200 to 7,500, 1920 census. 

Certain provisions inapplicable. 

Provisions inapplicable to George- 
town. 



Article 3. 



Commission 



Form, 
and 



Sec. 
47-501 
47-502 
47-503 



Cities 
10,000. 



Between 7,000 



Adoption of commission form. 

Election on adoption. 

Constitution of commission; sala- 
ries. 
47-504. Monthly report. 
47-505. Commissioners of election. 

Article 4. 

Commission Form, Cities of 10,000 to 20,000 
and 50,000 to 100,000. 

47-511. Right to adopt commission form 
of government. 

47-512. Election on question. 

47-513. Question submitted. 

47-514 to 47-517. Blank. 

47-518. Ballots. 

47-519. Conduct of election and announce- 
ment of result. 

47-520. No subsequent elections for four 
years after defeat of plan. 

47-521. Certificate of adoption of plan. 

47-522. When effective after adoption. 

47-523. Effect on incumbent officers and 
existing ordinances, etc. 

47-524. Salaries of incumbent officials in cit- 
ies of fifty thousand to one hun- 
dred thousand. 

47-525. Initial election for mayor and coun- 
cilmen. 

47-526. Terms of office of mayor and coun- 
cilmen; vacancies. 

47-527. Blank. 

47-528. Office hours of councilmen. 

47-529. City attorney; duties as investiga- 
tor and prosecutor. 

47-530. Term of civil service employees. 

47-531. Free service for city employees from 
utilities prohibited. 

47-532 to 47-536. Blank. 

47-537. Filing result with Secretary of State. 

47-538. Blank. 

47-539. Publication of accounts; examina- 
tion of books. 

47-540. Provisions of article 5 applicable. 

47-541. Abandonment of commission gov- 
ernment. 

47-542. Provisions inapplicable to Sumter. 

47-543. Article to be construed liberally. 



68 



Municipal Corporations 



Article 5. 

Commission Form, Cities of 20,000 to 
50,000. 
Sec. 

47-551. Right to adopt commission form 
of government. 

47-551.1. Election to be held on petition for 
adoption of commission form. 

47-551.2. Question submitted and ballots. 

47-551.3. Conduct of election. 

47-551.4. Result of election. 

47-551.5. Adoption, if defeated not to be 
resubmitted for two years. 

47-552. Certificate of adoption of form. 

47-553. Effect on incumbent officers, ordi- 
nances, etc. 

47-554. Blank. 

47-555. Blank. 

47-556. First election for ma3'or and coun- 
cilmen. 

47-557. Terms of office and subsequent 
elections. 

47-558. Vacancies. 

47-559. Oaths of office. 

47-560. Blank. 

47-561. Blank. 

47-562. City council. 

47-563. Meetings; quorum; proceedings. 

47-564. General powers of council. 

47-565. Creation and superintendence of five 
administrative departments. 

47-566. Establishment and abolition of offi- 
ces; appointments. 

47-567. Prerequisites to passage of certain 
ordinances. 

47-568. Electric poles and wires in streets 
in cities of 35,000 to 45,000, 1920 
census. 

47-569. Franchises for bus companies in 
such cities. 

47-570. City attorney; duties as investigator 
and prosecutor. 

47-571. Officers and employees not to con- 
tract with city or utilities. 

47-572. Free service, etc., from utilities pro- 
hibited. 

47-573. Candidacy for office; newspaper 
commendations. 

47-574. Recall of mayor or councilmen in 
cities of 32,000 to 34,000, 1940 
census. 

47-575. Petition for recall. 

47-576. Recall election. 

47-577. Result of election; subsequent elec- 
tions. 

47-578. Publication of accounts and reports. 

47-579. Abandonment of form of govern- 
ment. 

47-5S0. Article to be liberally construed. 



Article 6. 

Commission Form with City Manager, 
Cities of 50,000 to 70,000, 1940 Census. 

Sec. 

47-591. Right to adopt form. 

47-592. Election on adoption. 

47-593. Blank. 

47-594. Form of ballots. 

47-595. Conduct and declaration of result 
of election. 

47-596. City council; terms of members; 
vacancies. 

47-597. Council judge of members' quali- 
fications. 

47-598. Mayor and assistant mayor. 

47-599. Blank. 

47-600. Meetings of city council; votes re- 
quired. 

47-601. Legislative duties of council. 

47-602. City manager; appointment, quali- 
fications and salary. 

47-603. Temporary city manager. 

47-604. Acting city manager. 

47-605. Bonds of city manager and other 
employees. 

47-606. Term of city manager; removal or 
suspension. 

47-607. Powers and duties of city manager. 

47-608. City attorney and recorder. 

47-609. Appointment and removal of other 
city employees. 

47-610. Creating and abolishing offices; 
changing duties. 

47-611. Department of city government; 
directors thereof. 

47-612. Cost of elections. 

47-613. Investigations; inspection of rec- 
ords. 

47-614. Councilmen not to be interested in 
city contracts, etc. 

47-615. Discontinuance of commission form. 

Article 7. 
Entry into Next Higher Class. 

47-621. Change of class or increase in popu- 
lation. 

47-622. Officers continue for residue of term 
after entry of city into next class. 

47-623. Certificate of change of class. 

Article 8. 

City of Camden. 

47-631. Election of mayor and commis- 
sioners. 
47-632. Terms of office. 
47-633. Vacancies. 
47-634. Blank. 
47-635. City council. 
47-636. City manager. 



69 



Article 11. 



§ 47-451 Code of Laws of South Carolina § 47-456 

Sec. Article 10. 

47-637. Council meetings. city of Spartanburg. 

47-638. Powers of council. S ec 

47-639. Office hours of council. ... ,,, - , , , ., 

47-640 Blank 47-661. balary of mayor and councilmen. 

47-641 Blank' 47-662. City manager. 

47-642! Provisions of article 2 made appli- j^-663. Duties and powers of city manager, 

kle 4/-064. Lity may abandon commission form. 

47-665. Effect on existing government. 
Article 9. 
City of Florence. 

47-651. Mayor and councilmen. Cit y of Sumter - 

47-652. Same; salaries. 47-671. Election of mayor and council. 

47-653. Same; quorum and votes requisite. 47-672. City council. 

47-654. Same; office hours. 47-673. City manager. 

47-655. Administrative departments. 47-674. Powers of council. 

47-656. City attorney. 47-675. Other powers of city. 

Article 1. 

Commission Form with Manager, Municipalities of 2,000 to 4,000. 

§ 47-451. Right to adopt commission form of government. 

Municipalities of over two thousand and less than four thousand inhabit- 
ants as shown by the then last preceding United States census may adopt a 
commission form of government as provided herein. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-452. Petition and order of election. 

Upon the presentation of a petition signed by one-fourth of the qualified 

electors of such municipality the mayor shall, by proclamation, submit to a 

vote of the qualified registered electors of such municipality the question of 

adopting the commission form of government with a city or town manager 

and an election for a mayor and two commissioners to serve, if such form of 

government shall be adopted, as herein provided. Such election shall be held 

as soon as practicable thereafter. 

1942 Code §7623: 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-453 to 47-455. Blank. 

§ 47-456. Ballots and voting at elections. 

At such election there shall be submitted a ballot, to be provided as are 
ballots in other elections, upon which shall be printed, "Shall the city (or 

town) of adopt the commission form of government 

with a city (or town) manager? Yes. No. (Erase one answer.)" On said 
ballot shall be printed also the names of candidates for mayor and councilmen. 
Each elector shall be entitled to vote for one candidate for mayor and two 
candidates for councilmen and the candidate receiving the highest number of 
votes for mayor and the two candidates receiving the highest number of votes 

70 



§ 47-457 Municipal Corporations § 47-460 

for councilmen shall be declared elected, but no vote shall be counted that 

does not vote for two councilmen. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-457. Result of election. 

If the election herein provided for shall result in the adoption of the com- 
mission form of government, with a city or town manager, the result of the 
election shall be filed by the managers of election with their certificate that 
such municipality had adopted the commission form of government, with a 
city or town manager, as provided in this article, and shall be accompanied 
by the order of the mayor appointing them as such managers, attested by 
the clerk of council in office at the time of such appointment, under the seal 
of the municipality. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-458. Term of mayor and councilmen ; vacancies. 

The mayor and councilmen shall serve for four years, unless recalled in 
the manner hereinafter provided for. After the first election every four years 
an election shall be had for mayor and councilmen. The term of office of the 
mayor and councilmen who shall be elected under the provisions hereof shall 
commence on the fifteenth day following such election. 

If any vacancy occurs in the office of mayor or councilman the vacancy 

shall be filled by an election for the unexpired term. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-459. Salaries of mayor and councilmen. 

If the election shall result in favor of the commission form of government, 

with a city or town manager, the salary of the mayor shall not exceed one 

hundred dollars per annum and the councilmen shall serve without salary. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
191S (30) 681; 1940 (41) 1719. 

§ 47-460. Meetings, quorum and procedure of council. 

The mayor and councilmen chosen as herein provided shall constitute the 
city council and the presence of all of the members thereof shall be necessary 
to constitute a quorum. The affirmative vote of two members shall be neces- 
sary to adopt any motion or pass any measure other than with reference to 
meetings and adjournments. Every ordinance or resolution shall be reduced 
to writing and read before the vote is taken thereon and every ordinance or 
resolution passed by council shall be signed by two members and be recorded 
before it shall be enforced. The mayor or, in his absence, the mayor pro tern, 
who shall be the councilman who received the largest number of votes at the 
preceding election, shall preside at all meetings of the council, but shall have 
no power to veto any measure. / 

7\ 



§ 47-461 Code of Laws of South Carolina § 47-463 

Regular meetings of the council for the transaction of business shall be 
held at such times as may be provided for by ordinance and at least once a 
month. All such meetings, whether regular or special, shall be open to the 
public. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§47-461. Powers of council. 

The council shall have, possess and exercise all legislative and judicial pow- 
ers and duties conferred upon such municipality or theretofore belonging to it 
and all powers and duties exercised in cities and towns generally by the com- 
missioners of public works, with power to abolish such existing subordinate 
offices as it may see fit. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-462. City manager. 

The mayor and councilmen shall employ a city or town manager, who 
need not be a qualified elector and whose qualifications, term of employment 
and salary may be determined and fixed by the council. The city manager 
shall furnish a surety bond in the sum of five thousand dollars for the faithful 
performance of his duties. He shall exercise the administrative functions of 
the municipal government and shall not be engaged in any other business or 
other occupation, except that this provision shall not prevent his employment 
by the chamber of commerce of such municipality to further its commercial 
interests. The salary paid by such municipality to the city or town manager 
shall not exceed twelve hundred dollars per annum unless the mayor and both 
councilmen, by unanimous vote, increase such salary to a greater amount, 
i The manager shall not have power to bind the city in any one transaction 
for more than five hundred dollars, but any such contract shall be approved 
by the council before it shall be binding on the city. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-463. Condemnation for health purposes in towns between 3,000 and 3,500, 
1940 census. 

Any municipality having a commission form of government and a popula- 
tion between three thousand and three thousand five hundred according to 
the United States census of 1940 may condemn, take and use any land that 
it may deem necessary within its corporate limits when the city council of 
such municipality shall determine that it is necessary and essential to the 
public health of such municipality that such condemnation be had and done. 
Such condemnation shall be had and done in the same manner as prescribed 
in article 4 of chapter 3 of Title 59. 

1949 (46) 586. 

72 



§ 47-464 Municipal Corporations § 47-468 

§ 47-464. Petition for removal of mayor or councilman. 

Qualified registered electors of any such municipality equal in number to 
at least twenty per cent of the entire registered electors registered for the 
last preceding municipal election may file with the Governor a petition de- 
manding the removal of the mayor or any councilman and stating the grounds 
for such demand. The signatures to any such petition shall show the place of 
residence and the occupation of each signer and state that he was a qualified 
registered elector in the last preceding municipal election of such municipality. 
The petition shall be duly verified on oath. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-465. Order for recall election. 

After receiving any such petition the Governor shall have ten days in which 
to examine it and investigate and determine as to the reasonableness of the 
grounds as alleged in the petition for a recall election and whether it con- 
forms to the requirements herein set forth. If it does so conform the Governor 
shall order an election for a day forty-five days after the filing of the petition 
with the Governor, except that if the forty-fifth day falls on Sunday or on a 
legal holiday the election shall be held on the next day thereafter which is not 
a Sunday or legal holiday. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
191S (30) 681; 1940 (41) 1719. 

§ 47-466. Blank. 

§ 47-467. Conduct of recall election ; names on ballot. 

The election shall be conducted by the managers of election under the rules, 
regulations and penalties applying to other elections. The managers of elec- 
tion shall provide ballots on which shall be placed the name of such candidate 
or candidates as may be nominated in writing by twenty-five or more qualified ■ 
electors of the municipality, the proof of such nomination to be the written 
nomination by twenty-five or more qualified electors which shall be filed with 
the managers of election and made a part of the record thereof. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-468. Annual examination of books. 

At the end of each year, beginning with the date herein fixed for the first 
election of the officers herein provided for, the council shall cause a full and 
complete examination of all the books and accounts of the municipality to 
be made by competent accountants and shall publish the result of such exam- 
ination in a newspaper published in the municipality. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (28) 573; 1916 (29) 824; 
191S (30) 681; 1940 (41) 1719. 

73 



§ 47-469 Code of Laws of South Carolina § 47-482 

§ 47-469. Application of sections of articles 4 and 5. 

Sections 47-543 and 47-567 are hereby declared applicable to any such mu- 
nicipality and § 47-571 is also made applicable, except that there shall be no 
criminal liability or penalty for violation thereof, though no contract made 
in violation thereof shall be deemed valid. No other sections of articles 

4 and 5 of this chapter shall be applicable to such municipality. 

1942 Code §7623; 1932 Code §7623; Civ. C. '22 §4716; 1914 (.28; 573; 1916 (29) 824; 
1918 (30) 681; 1940 (41) 1719. 

§ 47-470. Article inapplicable in Georgetown County. 

The provisions of this article shall not apply to Georgctozvn County. 
1942 Code §7619; 1932 Code § 7619; Civ. C. '22 §4712; 1912 (27) 793. 

Article 2. 

Commission Form, Municipalities of 4,000 to 10,000. 

§ 47-481. Adoption. 

Any city or town which, by the last preceding United Slates census here- 
tofore or hereafter made and published, may have not more than ten thousand 
and not less than four thousand inhabitants may adopt the form of govern- 
ment known as the commission form of government, as provided for in article 

5 of this chapter providing a form of government for cities of more than 
twenty thousand inhabitants and less than fifty thousand inhabitants, except 
such provisions of said article 5 of this chapter as are herein changed, altered 
or excluded and become organized under the provisions of said article 5 of 
this chapter as a city, upon the adoption of such form of government by a 
special election ordered upon petition as provided in said article. 

1942 Code §7SS2; 1932 Code §7582; Civ. C. '22 §4675; 1912 (27) 814. 

Ssction is constitutional. — The consti- was upheld in Forde v. Owens, 160 S. C. 
tutionality of this and following sections 168, 15S S. E. 147 (1931). 

§ 47-481.1. Ballots in election on adoption. 

The question submitted by the proclamation of the mayor on the election 
provided for in §47-551.1 and the ballots provided by the commissioners of 
election as required in §47-551.2 shall be substantially in the following form, 
to wit: "Shall the city (or town) of (name of city or town) adopt the form 
of government provided in article 5 of chapter 6 of Title 47 of the Code of 
Laws of South Carolina, as modified and made applicable to cities and towns 
of not more than ten thousand inhabitants and not less than four thousand 
inhabitants? Yes, No. (Erase one answer.)" 

19-12 Code §7583; 1932 Code §7583; Civ. C. '22 §4676; 1912 (27) 814. 

§ 47-482. Per diem of commissioners of election. 

The board of commissioners of elections appointed by the Governor under 
§ 47-554 in lieu of salaries shall be paid each a per diem for their services, not 
to exceed ten days in an}' one year. 

1942 Code §7590; 1932 Code §7590; Civ. C. '22 §46S3; 1912 (27) 814; 1929 (36) 43. 

74 



§ 47-483 Municipal Corporations § 47-489 

§47-483. Blank. 
§47-484. Blank. 

§47-485. Meetings of council. 

Regular meetings of the council shall be held at least once a month and at 
such other times as may be provided for by ordinance and all meetings, 
whether regular or special, at which any person not a city officer is admitted 
shall be open to the public. 

1942 Code §"587; 1932 Code §7587; Civ. C. '22 §4680; 1912 (27) 814. 

§ 47-486. Quorum, motions, measures, etc. 

All of § 47-564 shall be applicable, except that (a) two members of the 
council shall constitute a quorum, (b) the affirmative vote of two members of 
the council shall be necessary to adopt any motion or pass any measure, (c) 
every ordinance or resolution passed by the council shall be signed by two 
members and be recorded before it shall be in force and (d) two members of 
the council shall be sufficient to adopt any other action, the right to adopt 
which is vested in the council in any other section of article 5, and made ap- 
plicable herein to cities of not more than ten thousand and not less than 
four thousand inhabitants. 

1942 Code §7586; 1932 Code §7586; Civ. C. '22 §4679; 1912 (27) 814. 

§ 47-487. Executive and administrative powers to be distributed into three 
departments. 

The council shall distribute the executive and administrative powers and 
duties among three departments, of which each of the members of council 
shall be the superintendent of one, and the assignments and reassignments 
shall be made by the mayor or by a vote of the council, if they deem it 
necessary. 

1942 Code §7587; 1932 Code §7587; Civ. C. '22 §4680; 1912 (27) 814. 

§ 47-488. Officers and employees. 

The council may change or abolish any offices theretofore existing in such 
city or town and establish such offices with such salaries as may seem de- 
sirable, may elect policemen and fix their compensation and, by a vote of 
two members, fill any office or, subject to the provisions of article 1 of chapter 
7 of this Title, remove any officer or employee. 

1942 Code §7587; 1932 Code §7587; Civ. C. '22 §4680; 1912 (27) 814. 

§ 47-489. Commercial secretary in cities of 7,200 to 7,500, 1920 census. 

A city council of any city in this state of more than seven thousand two 
hundred inhabitants and less than seven thousand five hundred inhabit- 
ants, according to the Federal census of 1920, operating under the com- 
mission form of government, may employ a commercial secretary and pre- 
scribe his duties. 

1942 Code §7675; 1932 Code §7675; 1926 (34) 912. 

75 



§ 47-490 Code of Laws of South Carolina § 47-503 

§ 47-490. Certain provisions inapplicable. 

Sections 47-559, 47-565, 47-566, 47-570, 47-S73 and 47-578 shall not be ap- 
plicable to cities establishing the commission form of government under this 
article. 

1942 Code §§ 7587, 75S9; 1932 Code §§ 7587, 7589; Civ. C. '22 §§ 4680, 4682; 1912 (27) 814. 

§ 47-491. Provisions inapplicable to Georgetown. 

The provisions of this article shall not apply to the city of Georgetown. 
1942 Code §7590; 1932 Code §7590; Civ. C. '22 §4683; 1912 (27) 814; 1929 (36) 43. 

Article 3. 

Commission Form, Cities Between 7,000 and 10,000. 

§ 47-501. Adoption of commission form. 

Cities and towns whose population is between seven and ten thousand 

may adopt the provisions of article four of this chapter and enjoy the benefits 

of its privileges under the conditions stated in this article. 

1942 Code §7621; 1932 Code §7621; Civ. C. '22 §4714; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 6S1. 

§ 47-502. Election on adoption. 

The election for the adoption of the form of government provided in article 
4 of this chapter may be held at the same time and place and under the 
direction of the managers of any regular election. Notice of the proposal to 
hold such election shall be given by publication at least once a week for three 
months in some newspaper of general circulation in the city proposing to adopt 
it and notice of the opening of books of registration and the days on which they 
shall be opened shall also be published in the required advertisement. The bal- 
lots in the election on the adoption of the form of government herein provided 
shall be deposited in a separate box from those used for other questions in the 
election and plainly marked "for or against commission form of government 
for the city of " 

1942 Code §7621; 1932 Code §7621; Civ. C. '22 §4714; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681. 

§ 47-503. Constitution of commission; salaries. 

The governing commission of any city adopting said plan shall consist of 

a mayor and two councilmen, two being necessary to constitute a majority 

and also a quorum to do business. The executive and administrative powers 

and duties shall be distributed among three departments as provided for 

cities adopting the plan of government set forth in article 2 of this chapter. 

The mayor shall receive an annual salary not to exceed three hundred dollars 

and each councilman, in lieu of all other salary, shall receive a per diem 

for each meeting of council attended by such councilman, not to exceed two 

meetings in any one month. 

1942 Code §7621; 1932 Code §7621; Civ. C. '22 §4714; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681. 

76 



§47-504 Municipal Corporations §47-513 

§ 47-504. Monthly report. 

The monthly financial report and the proceedings of the council shall be 
printed in some newspaper of general circulation in the city. 

1942 Code §7621; 1932 Code §7621; Civ. C. '22 §4714; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681. 

§ 47-505. Commissioners of election. 

The commissioners of election provided for in article 4 of this chapter for 
larger cities may be for cities covered by this article the same as the commis- 
sioners for the State elections for the county in which such city is located and 
for extra services for the city they shall be paid the same as commissioners 
for the State elections are now paid and they shall be paid for such extra services 
by the city, nor shall any board of election commissioners, however appointed, 
be paid more than is paid to the commissioners for State elections. 

1942 Code §7621; 1932 Code §7621; Civ. C. '22 §4714; 1912 {17) 793; 1915 (29) 203; 
1918 (30) 681. 

Article 4. 

Commission Form., Cities of 10,000 to 20,000 and 50,000 to 100,000. 

§ 47-511. Right to adopt commission form of government. 

Any city which, by the then last preceding United States census may have 
more than ten thousand inhabitants and not more than twenty thousand in- 
habitants or more than fifty thousand inhabitants and less than one hundred 
thousand inhabitants may adopt the form of government known as commission 
form of government and become organized as a city under the provisions here- 
of, retaining and exercising all the rights and powers and remaining subject 
to all the duties and obligations theretofore otherwise granted or imposed by 
law not herein repealed specifically or by necessary implication. 

1942 Code §7595; 1932 Code §7595; Civ. C. '22 §4688; 1912 (27) 793. 

§47-512. Election on question. 

Upon the petition of registered electors, qualified to vote in such city, 
equal in number to twenty-five per cent of the votes cast for all candidates 
for mayor at the last preceding city election of any such city, showing the 
residence and occupation of each petitioner and verified as herein required for 
other petitions, the mayor shall, by proclamation, submit to a vote of the 
qualified registered electors of such city the question of adopting the form of 
government herein prescribed and organizing as a city under this article 
at a special election to be held at a time specified in such proclamation, not 
later than six months and not earlier than four months after such petition 
is filed. 

1942 Code §7596; 1932 Code §7596; Civ. C. '22 §4689; 1912 (27) 793. 

§47-513. Question submitted. 

The question shall be submitted by the mayor in his proclamation in the 
following form, to wit: "Shall the city of (name of city) adopt the form of 
government provided in §§47-511 to 47-543 of the Code of South Carolina?" 

1942 Code §7596; 1932 Code §7596; Civ. C. '22 § 46S9; 1912 (27) 793. 

77 



§47-514 Code of Laws of South Carolina §47-523 

§§47-514 to 47-517. Blank. 

§47-518. Ballots. 

At such election there shall be provided by the board of commissioners of 
elections ballots, upon which shall be written: "Shall the city of (name of 
city) adopt the form of government provided in §§ 47-511 to 47-543 of the Code 
of South Carolina? Yes. No. (Erase one answer.)" 

1942 Code §7597; 1932 Code §7597; Civ. C. '22 §4690; 1912 (27) 793. 

§ 47-519. Conduct of election and announcement of result. 

Each qualified registered elector shall be allowed to vote one ballot. The 
election shall be conducted, the vote canvassed and the result declared in 
the same manner as provided by law in respect to municipal elections, except 
as herein provided. If the majority of the votes cast shall be "Yes" (the word 
"No" being erased), the board of commissioners of elections shall declare 
that the city has adopted the form of government provided for herein. If 
there be not a majority of the ballots with the word "Yes" thereon and the 
word "No" erased, the board of commissioners of elections shall declare that 
such form of government has been rejected. 

1942 Code §7597; 1932 Code §7597; Civ. C. '22 §4690; 1912 (27) 793. 

§ 47-520. No subsequent elections for four years after defeat of plan. 

If the plan of government herein provided for be not adopted by the ma- 
jority vote cast at the special election, the question of adopting such plan shall 
not be resubmitted to the voters of the city for adoption within four years 
thereafter, but at the expiration of four years the same question may be resub- 
mitted upon the presentation of a petition as provided in § 47-512. 

1942 Code §7596; 1932 Code §7596; Civ. C. '22 §4689; 1912 (27) 793. 

§ 47-521. Certificate of adoption of plan. 

Immediately after the result of the election is declared, if it be in favor of 
the adoption of such form of government, the mayor shall forthwith file with 
the Secretary of State a certificate stating the result of such vote. Such cer- 
tificate shall be recorded in the office of the Secretary of State and shall be 
sufficient record and notice that the city will be operating under such form 
of government after the time it goes into effect under the provisions of § 47- 
522. 

1942 Code §7597; 1932 Code §7597; Civ. C. '22 §4690; 1912 (27) 793. 

§ 47-522. When effective after adoption. 

When any city- shall have adopted the form of government provided in this 
article it shall go into effect at the termination of the term of office of the 
mayor in office when the election is held. 

1942 Code §7619; 1932 Code §7619; Civ. C. '22 §4712; 1912 (27) 793. 

§ 47-523. Effect on incumbent officers and existing ordinances, etc. 

The mayor and council and other officers then in office shall continue and 
remain until their terms expire and their successors shall be elected and shall 

78 



§ 47-524 Municipal Corporations § 47-527 

qualify as herein provided. All ordinances, resolutions or other provisions 
theretofore of force and not inconsistent with the provisions of this article 
shall remain until altered or repealed by the council elected as herein provided. 
1942 Code §7597; 1932 Code §7597; Civ. C. '22 §4690; 1912 (27) 793. 

§ 47-524. Salaries of incumbent officials in cities of fifty thousand to one 

hundred thousand. 

In cities of not less than fifty thousand inhabitants and not more than one 

hundred thousand inhabitants all city officials holding office, either by election of 

the former city council or by appointment by the mayor, at the time of the 

adoption of this form of government, whose terms of office shall not then have 

expired shall continue to hold office without reduction of their then salaries for 

the balance of the unexpired terms of their respective offices. 

1942 Code §7605; 1932 Code §7605; Civ. C. '22 §4698; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681. 

§ 47-525. Initial election for mayor and councilmen. 

After the filing of the certificate in the office of the Secretary of State, the 
mayor shall, by proclamation published in the daily newspapers of such city 
up to the day of the election, order an election for a mayor and four council- 
men, such election to be held at the date when the next election for mayor 
would be held. The mayor and councilmen shall be voted for at large. The 
election shall be governed by the provisions with reference to regular elections 
for mayor and councilmen in such city and as otherwise provided for by 
law. The board of commissioners of elections shall provide the ballots and 
shall put thereon the names of all candidates of whom notice shall have been 
given for at least two days. 

1942 Code §7598; 1932 Code §7598; Civ. C. '22 §4691; 1912 (27) 793. 

§ 47-526. Terms of office of mayor and councilmen ; vacancies. 

In every such city there shall be a mayor and four councilmen elected 
for the term of four years. Of the four councilmen elected at the first elec- 
tion, the two receiving the highest number of votes shall serve for four years 
and the remaining two shall serve for two years. Thereafter every two years 
from the time of the first election an election shall be had for two council- 
men and every four years from the time of the first election an election shall 
be had for a mayor and two councilmen. The mayor and four councilmen 
shall constitute the city council of the city. If any vacancy occur in the city 
council, the remaining members, or a majority thereof, shall appoint a person 
to serve during the unexpired term. 

1942 Code §7599; 1932 Code § 7599; Civ. C. '22 §4692; 1912 (27) 793; 1915 (29) 57, 203; 
1918 (30) 681. 

§47-527. Blank. 

79 



§ 47-528 Code of Laws of South Carolina § 47-537 

§ 47-528. Office hours of councilmen. 

Each member of the council shall keep regular office hours of not less than 

two hours daily, except Sunday. 

1942 Code §7604; 1932 Code §7604; Civ. C. '22 §4697; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681. 

§ 47-529. City attorney ; duties as investigator and prosecutor. 

The city council shall appoint a city attorney, who must be a freeholder 
of the city and a resident thereof for not less than five years preceding his 
appointment. In addition to his general duties, which shall be prescribed 
by council, he shall, upon knowledge, information, belief or probable ground 
of suspicion, cause investigation and, if possible, indictments and prosecu- 
tions for each and every violation of any of the provisions of this article or 
any other provision of law in respect to any of the inhibitions in this article 
contained or any bribery, corruption, malfeasance or other violation of law 
whatsoever in respect to the city or any member of council, employee or 
other person. 

1942 Code §7613; 1932 Code §7613; Civ. C. '22 §4706; 1912 (27) 793; 1915 (29) 203. 

Quoted in Mason v. Williams, 194 S. C. 
290, 9 S. E. (2d) 537 (1940). 

§ 47-530. Term of civil service employees. 

The terms of employment of the employees in the civil service departments 
of the government, which shall always include the police department, the 
fire department and the department of public health, shall be for a period of 
six years. 

1942 Code § 7606-1 ; 1934 (38) 1361. 

§ 47-531. Free service for city employees from utilities prohibited. 

No officer or employee elected or appointed in any such city shall accept 
or receive, directly or indirectly, from any person operating within the terri- 
torial limits of the city any public utility company or other business under a 
public franchise any frank, free ticket, free service or other service upon 
terms more favorable than are granted to the public generally or request or 
induce the granting of any such favor to any other person. Any violation 
of the provisions of this section shall be a misdemeanor, punishable by a 
fine of not less than one hundred dollars nor more than five thousand dollars 
or by imprisonment for not less than one month nor more than five years. 
But policemen and firemen in uniform shall have the right to free transporta- 
tion upon any street railway within the limits of any such city. 

1942 Code §7608; 1932 Code §7608; Civ. C. '22 §4701; 1912 (27) 793. 

§§ 47-532 to 47-536. Blank. 

§ 47-537. Filing result with Secretary of State. 

In the case of an election to determine the question of adopting or of aban- 
doning the form of government provided for by law, the board of commission- 

80 



§ 47-538 Municipal Corporations § 47-543 

ers of elections shall file the statement of the result also with the Secretary of 
State for record in his office. 

1942 Code §7616; 1932 Code §7616; Civ. C. '22 §4709; 1912 (27) 793; 1944 (43) 2332. 

§47-538. Blank. 

§ 47-539. Publication of accounts ; examination of books. 

The city council shall, each month, print in pamphlet form a detailed, 
itemized statement of all receipts and expenses of the city and a summary of 
its proceedings during the preceding month and furnish printed copies there- 
of to the state library, the city library, the daily newspapers of the city and 
persons who shall apply therefor at the office of the city clerk. At the end 
of each year the council shall cause a full and complete examination of all 
the books and accounts of the city to be made by competent accountants 
and shall publish the result of such examination in the manner above provided 
for publication of statements of monthly expenditures. The expenses of 
all such publications shall be paid out of the city treasury. 

1942 Code §7614; 1932 Code §7614; Civ. C. '22 §4707; 1912 (27) 793. 

§ 47-540. Provisions of article 5 applicable. 

The provisions of §§ 47-559, 47-562 to 47-567, 47-571, and 47-573 shall be 

applicable to all cities adopting the commission form of government under 

the provisions of this article. 

1942 Code §§7603, 7604, 7605, 7607, 7608, 7614; 1932 Code §§7603, 7604, 7605, 7607, 
7608, 7614; Civ. C. '22 §§4696, 4697, 4698, 4700, 4701, 4707; 1912 (27) 792; 1915 (29) 203; 
1918 (30) 681; 1924 (33) 1063. 

§ 47-541. Abandonment of commission government. 

Any city after operating six years under the provisions of this article may 
abandon the form of government herein provided and accept the provisions 
of the general law of the State applicable to it before the adoption of this 
form of government by procedure of petition and election on the question of 
abandonment in the manner provided herein for adopting this form of gov- 
ernment. 

1942 Code §7618; 1932 Code §7618; Civ. C. '22 §4711; 1912 (27) 793; 1915 (29) 203 

§ 47-542. Provisions inapplicable to Sumter. 

The provisions of this article shall not apply to the city of Sumter. 

1942 Code §7590; 1932 Code §7590; Civ. C. '22 §4683; 1912 (27) 814; 1929 {26) 43. 

§ 47-543. Article to be construed liberally. 

The usual rule of law as to the interpretation of statutory provisions and 
the construction of statutory powers shall be reversed in respect to this 
article, which shall be construed liberally, the spirit always controlling the 
letter and any technical deficiencies being supplied by the reasonable intend- 
ment of this article as a whole in the light of municipal needs. 

1942 Code §7617; 1932 Code §7617; Civ. C. '22 §4710; 1912 (27) 793. 
[5 SC Code]— 6 81 



§47-551 Code of Laws of South Carolina §47-551.4 

Article 5. 
Commission Form, Cities of 20,000 to 50,000. 

§ 47-551. Right to adopt commission form of government. 

Any city which, by the then last preceding United States census may have 
more than twenty thousand inhabitants and not more than fifty thousand 
inhabitants may adopt the form of government provided for in this article 
and become organized as a city under the provisions hereof, retaining and 
exercising all the rights and powers and remaining subject to all the duties 
and obligations theretofore otherwise granted or imposed by law not herein 
repealed specifically or by necessary implication. 

1942 Code § 7626; 1932 Code § 7626; Civ. C. '22 § 4719; Civ. C. '12 §3072; 1910 (26) 523. 

§47-551.1. Election to be held on petition for adoption of commission form. 

Upon the petition of registered electors, qualified to vote in any such city, 
equal in number to twenty-five per cent of the votes cast for all candidates for 
mayor at the last preceding primary election of such city, showing the resi- 
dence and occupation of each petitioner and verified as herein required for 
other petitions, the mayor shall, by proclamation, submit to a vote of the qual- 
ified registered electors of such city the question of adopting the form of gov- 
ernment provided in this article and organizing as a city under this article, 
at a special election to be held at a time specified in such proclamation, not later 
than one month and not earlier than one week after such petition is filed. 

1951 (47) 732. 

Applied in State v. Manning, 104 S. C. 
260, 88 S. E. 471 (1916). 

§ 47-551.2. Question submitted and ballots. 

The question shall be submitted by the mayor in his proclamation in the 

following form, to wit: "Shall the city of (name of city) adopt the form of 

government provided in §§47-551 to 47-580 of the Code of South Carolina?" 

At such election there shall be provided by the board of commissioners of 

elections, ballots, upon which shall be written such question and the words: 

"Yes. No. (Erase one answer.)" 

1942 Code § 7628; 1932 Code § 7628; Civ. C. '22 § 4721 ; Civ. C. '12 § 3074; 1910 (26) 523; 
1951 (47) 732. 

§47-551.3. Conduct of election. 

At any such election each qualified registered elector shall be allowed to 
vote one ballot. The election shall be conducted, the vote canvassed and 
the result declared in the manner provided by law in respect to municipal 
elections, except as herein otherwise provided. 

1942 Code § 7628; 1932 Code § 7628; Civ. C. '22 § 4721; Civ. C. '12 § 3074; 1910 (26) 523. 

§ 47-551.4. Result of election. 

If the majority of the votes cast shall be "Yes" (the word "No" being 
erased), the board of commissioners of elections shall declare that the city 

82 [5SCCode] 



§47-551.5 Municipal Corporations §47-556 

has adopted the form of government provided for in this article. If there be 
not a majority of the ballots with the word "Yes" thereon and the word "No" 
erased, the board of commissioners of elections shall declare that said form 
of government has been rejected. 

1942 Code § 7628; 1932 Code § 7628; Civ. C. '22 § 4721; Civ. C. '12 § 3074; 1910 (26) 523. 

§ 47-551.5. Adoption, if defeated, not to be resubmitted for two years. 

If the plan of government provided for in this article be not adopted by 
the majority vote cast at any such special election the question of adopting 
such plan shall not be resubmitted to the voters of such city for adoption 
within two years thereafter, but at the expiration of two years the same ques- 
tion may be resubmitted upon the presentation of a petition as provided for in 
§47-551.1. 

1951 (47) 732. 

§ 47-552. Certificate of adoption of form. 

Immediately after the adoption of such form of government, the mayor 
shall forthwith file with the Secretary of State a certificate stating that fact. 
Such certificate shall be recorded in the office of the Secretary of State and 
shall be a sufficient record and notice that such city is thereafter operating 
under such form of government. 

1942 Code §7628; 1932 Code §7628; Civ. C. '22 §4721; Civ. C. '12 §3074; 1910 (26) 523. 

§ 47-553. Effect on incumbent officers, ordinances, etc. 

The mayor and council and other officers in office at the time of the adoption 
of such form of government shall continue and remain until their successors 
shall be elected and shall qualify as herein provided and all ordinances, reso- 
lutions or other provisions, theretofore of force and not inconsistent with the 
provisions of this article, shall remain until altered or repealed by the council 
elected as herein provided. 

1942 Code §7628; 1932 Code §7628; Civ. C. '22 §4721; Civ. C. '12 §3074; 1910 (26) 523. 

§47-554. Blank. 
§47-555. Blank. 

§ 47-556. First election for mayor and councilmen. 

Immediately after the filing of such certificate in the office of the Secretary 
of State, the mayor shall, by proclamation published continuously in the 
daily newspapers of such city up to the day of election, order a special elec- 
tion for a mayor and four councilmen, such election to be held not 
earlier than one month and not later than six weeks after the issu- 
ing of such proclamation. At such election the mayor and four councilmen 
shall be voted for at large. 

1942 Code §7629; 1932 Code §7629; Civ. C. '22 §4722; Civ. C. '12 §3075; 1910 (26) 523. 

83 



§ 47-557 Code of Laws of South Carolina § 47-562 

§ 47-557. Terms of office and subsequent elections. 

In every such city there shall be a mayor and four councilmen elected for 
the term of four years, except that of the four councilmen elected at the first 
election, two shall serve for four years and two for only two years. Im- 
mediately after such first election the four councilmen therein elected shall 
appear before the board of commissioners of elections and in the presence of, 
and under the direction of, the commissioners and in public determine by lot 
the term of office for which each shall serve, whether two or four years. The 
board of commissioners of elections shall certify to the mayor the term of 
office of each councilman as so determined by lot and thereafter, every two 
years, on the second Tuesday in May, an election shall be had for two council- 
men, and at such election every fourth year a mayor shall also be elected. 
No ballot cast in any such election shall be counted for any candidate for 
councilman unless it be for the full number of councilmen to be elected. 

1942 Code §§7629, 7630; 1932 Code §§7629, 7630; Civ. C. '22 §§4722, 4723; Civ. C. 
'12 §§3075, 3076; 1910 (26) 523; 1920 (31) 897. 

§ 47-558. Vacancies. 

If any vacancy occurs in the city council it shall be filled by a special election 
called by the remaining members of the city council, or a majority thereof, 
upon three weeks' notice duly published in at least one of the newspapers pub- 
lished in such city and such special election shall be held and otherwise con- 
ducted as a regular election for mayor and councilmen is held and conducted. 
But if the unexpired term shall not be for a longer period than three months, 
the vacancy shall be filled by the remaining members of the city council, or 
a majority thereof. 

1942 Code §7630; 1932 Code §7630; Civ. C. '22 §4723; Civ. C. '12 §3076; 1910 (26) 523; 
1920 (31) 897. 

§47-559. Oaths of office. 

Before entering upon the duties of his office the mayor and each councilman 

shall take and subscribe the oath of office prescribed in section 26, article 3 

of the Constitution and further that he will at all times endeavor to secure and 

maintain for the city an honest and efficient government in every particular, 

with an eye single to the public welfare. 

1942 Code §§7653, 7673, 1932 Code §§7653, 7673; Civ. C. '22 §4746; Cr. C. '22 §529; 
Civ. C. '12 §3089; 1910 (26) 523; 1929 (36) 154. 

§47-560. Blank. 
§47-561. Blank. 

§ 47-562. City council. 

The mayor and councilmen chosen as herein provided shall constitute the 
city council of such city and each of them shall have the right to vote on all 
questions coming before the council. 

1942 Code § 7633; 1932 Code § 7633; Civ. C. '22 § 4726; Civ. C. '12 § 3079; 1910 (26) 523. 

84 



§ 47-563 Municipal Corporations § 47-564 

§ 47-563. Meetings ; quorum ; proceedings. 

Regular meetings of the council shall be held at such times as may be 
provided for by ordinance and at least once a month. All meetings, whether 
regular or special, at which any person not a city officer is admitted shall 
be open to the public. 

Three members of the council shall constitute a quorum and the affirmative 
vote of three members of the council shall be necessary to adopt any motion 
or pass any measure, other than with reference to meetings and adjourn- 
ments. 

Upon every vote the yeas and nays shall be called and recorded, and every 
ordinance or resolution shall be reduced to writing and read before the vote 
is taken thereon. Every ordinance or resolution passed by council shall be 
signed by three members and be recorded before it shall be in force. 

The mayor or, in his absence, one of the councilmen chosen as mayor pro 

tern shall preside at all meetings of the council but shall have no power to 

veto any measure. 

1942 Code §§7633, 7635; 1932 Code §§7633, 7635; Civ. C. '22 §§4726, 4728; Civ. C. 
'12 §§3079, 3081; 1910 (23) 523; 1934 (38) 1470. 

§ 47-564. General powers of council. 

The council shall have, possess and exercise all executive, legislative and 
judicial powers and duties conferred upon such city or theretofore belonging 
to it, with the power to establish such subordinate officers as it may see 
fit and assign to them appropriate duties, subject to the council. Each mem- 
ber of the council shall give to the duties of his office all the time that may 
be needed for the most efficient conduct of the affairs of the city. 

1942 Code § 7634; 1932 Code § 7634; Civ. C. '22 § 4727; Civ. C. '12 § 30S0; 1910 (26) 523. 

Section confers broad powers. — Under of Spartanburg, possessing all the legis- 

the broad, almost unlimited powers of the lative, executive, and judicial powers of the 

mayor and city council given by this sec- city, including the power to appoint sub- 

tion, they had the power to bind the city ordinate officers and assign their duties, is 

of Spartanburg in limiting the responsibility the city itself. The treasurer is their sub- 

of surety on official bond sued upon so as ordinate officer, under their supervision, 

not to include any liability for failure to whose duties they may assign, modify, 

collect taxes and paving assessments by one withdraw, or divide with another. Mason 

of their and the city's subordinate officers. v. Williams, 205 S. C. 130, 31 S. E. (2d) 

Mason v. Williams, 194 S. C. 290, 9 S. E. 140 (1944). 

(2d) 537 (19401. Council may vary delegated duties. — The 

Mayor and council constitute city gov- power to assign duties includes the power 

ernment. — The mayor and councilmen, act- to vary them, to add to them, to diminish 

ing together for the corporation, possess them, or to appoint another officer to divide 

and exercise under this section of the Code them. And especially is this so when this 

all executive, legislative, and judicial powers section gives the council the power "to 

conferred upon such city. They are not establish such subordinate officers as thej' 

only the agents of the city, but the princi- may see fit and assign to them appropriate 

pal — the city itself — and their power to duties, subject to the council." Mason v. 

enter into contracts for and in the name of Williams, 194 S. C. 290, 9 S. E. (2d) 537 

the city is limited only by the Constitu- (19401. 

tion and statutory law of the State. Mason Applied in Huffman v. Columbia, 146 S. 

v. Williams, 194 S. C. 290, 9 S. E. (2d) C. 436. 144 S. E. 157 (1928); Green v. 

537 (1940). Rock Hill, 149 S. C. 234, 147 S. E. 346 

And treasurer is its agent. — Under the (1929). 
provisions of this section the city council 

85 



§ 47-565 Code of Laws of South Carolina § 47-568 

§ 47-565. Creation and superintendence of five administrative departments. 

The council shall distribute the executive and administrative powers and 
duties among five departments. Each of the members of the council shall be 
the superintendent of one of such departments, the mayor making the as- 
signment. Reassigmnents may be made by a vote of council when deemed 
necessary. 

1942 Code § 7635; 1932 Code §7635; Civ. C. '22 §4728; Civ. C. '12 §3031; 1910 (26) 523; 
1934 (38) 1470. 

§ 47-566. Establishment and abolition of offices ; appointments. 

The council may change or abolish any offices theretofore existing in 
such city and establish such offices with such salaries as may seem desirable. 
It shall, by a vote of three members, fill any position or remove any officer, 
except certain civil service positions and officers herein provided for and shall 
abolish, as to such city, the police commissioners provided for in § 53-251, if 
such a board of police commissioners shall have been established in such 
city under said section, the police jJowers of such city being thereafter exer- 
cised by the council, with one of the members of the council as superintendent 
of such department. 

1942 Code §7635; 1932 Code §7635; Civ. C. '22 §4728; Civ. C. '12 §3081; 1910 (26) 523; 
1934 (38) 1470. 

§ 47-567. Prerequisites to passage of certain ordinances. 

Every ordinance or resolution appropriating money or ordering any street 
improvement or sewer, making or authorizing the making of an}' contract or 
granting any franchise or right to occupy or use the streets, highways, bridges 
or public places in the city for any purpose shall be complete in the form in 
which it is finally passed and in such form shall remain on file with the 
city clerk, open to public inspection, at least one week before the final passage or 
adoption thereof. No franchise or right to occupy or use the streets, high- 
ways, bridges or public places in any city shall be granted, renewed or extend- 
ed, except by ordinance passed three times on three separate days and every 
franchise or grant for interurban or street railways, waterworks, gas or elec- 
tric light or power plants, heating plants, telegraph or telephone systems or 
other public service utilities within the city must be authorized or approved 
by a majority of the electors voting thereon at an election which shall be 
ordered by council. 

1942 Code §7636; 1932 Code §7636; Civ. C. '22 §4729; Civ. C. '12 §3082; 1910 (26) 523. 

§ 47-568. Electric poles and wires in streets in cities of 35,000 to 45,000, 1920 
census. 

The city council of any such city having more than thirty-five thousand and 
less than forty-five thousand inhabitants according to the United States census 
for the year 1920 may regulate the use of the city streets and other public 
places for the erection and maintenance of electric light and power poles and 
wires and may charge a reasonable and proper fee for the use and occupation 
of such streets or public places for such purpose. 

1942 Code §7671; 1932 Code §7671; 1929 (36) 154. 

86 



§ 47-569 Municipal Corporations § 47-572 

§ 47-569. Franchises for bus companies in such cities. 

The city council of an}' such city having more than thirty-five thousand 
and less than forty-five thousand inhabitants according to the United States 
census of the year 1920 may in its discretion grant a franchise or license to 
any person to operate a system of bus transportation in any such city, or any 
part thereof, under proper regulations and restrictions for a term of not ex- 
ceeding three years. In case of any difference or dispute arising between any 
bus company operating under any such franchise and its employees with 
reference to wages, hours, rules and regulations or any other matter affecting 
or pertaining to such employment, the parties shall submit such matters to 
a board of arbitration in accordance with and subject to the provisions of the 
act approved February 24 1922 (Acts 1922, p. 1051) relating to arbitration of 
disputes between street railways and their employees. 

1942 Code §7672; 1932 Code §7672; 1929 (36) 154. 

§ 47-570. City attorney ; duties as investigator and prosecutor. 

The city council shall appoint a city attorney who must be a freeholder 
of the city and a resident thereof for not less than five years preceding his 
appointment. In addition to his general duties, which shall be prescribed 
by council, he shall, upon knowledge, information, belief or probable ground 
of suspicion, cause investigation and, if possible, indictments and prosecutions 
for each and every violation of any of the provisions of this article or of article 
1 of chapter 7 of this Title or any other provision of law in respect to any of the 
inhibitions in this chapter or of article 1 of chapter 7 of this Title contained 
or for any bribery, corruption, malfeasance or other violation of law whatsoever 
in respect to the city by any member of council, employee or other person. 

1942 Code §7652; 1932 Code 7652; Civ. C. '22 §4745; Civ. C. '12 §3088; 1910 (26) 523. 

§ 47-571. Officers and employees not to contract with city or utilities. 

Except as otherwise provided in § 47-804 no officer or employee, elected or 
appointed, in any such city shall be interested, directly or indirectly, in any 
contract or job for work or materials, or the profits thereof, or any services 
to be furnished or performed for the city or for any person operating inter- 
urban or street railways, waterworks, gas works, electric light or power plants, 
heating plant, telegraph or telephone system or other public utility within 
the territorial limits of such city or doing business or proposing to do busi- 
ness in such city. Any violation of the provisions of this section shall be a 
misdemeanor, punishable by a fine of not less than one hundred dollars nor 
more than five thousand dollars or by imprisonment for not less than one 
month nor more than five years. 

1942 Code §7637; 1932 Code §1584, 7637; Civ. C. '22 §4730; Cr. C. '22 §§528, 539; 
Civ. C. '12 §3083; Cr. C. '12 §275; 1910 (26) 531; 1911 (27) 25; 1914 (28) 571. 

§ 47-572. Free service, etc., from utilities prohibited. 

No elected or appointed officer or employee of any such city, members of 
the health, waterworks, police and fire departments excepted, shall accept 
or receive, directly or indirectly, from any person operating within the ter- 

87 



§ 47-573 Code of Laws of South Carolina § 47-575 

ritorial limits of such city any such public utilities company or other business 
under a public franchise any frank, free ticket, free service or other service 
upon terms more favorable than are granted to the public generally or re- 
quest or induce the granting of any such favor to an)' other person. But the 
policemen and firemen, in uniform, shall have the right to free transportation 
upon any street railway within the limits of such city. 

Any violation of the provisions of this section shall be a misdemeanor, 
punishable by a fine of not less than one hundred dollars nor more than 
five thousand dollars or by imprisonment for not less than one month nor 
more than five years. 

1942 Code §7637; 1932 Code §§1584. 7637; Civ. C. '22 §4730: Cr. C. '22 §§528, 539; 
Civ. C. '12 §3083; Cr. C. '12 §275; 1910 (26) 531; 1911 (27) 25; 1914 (28) 571. 

§ 47-573. Candidacy for office ; newspaper commendations. 

No member of council or of the civil service commission of any such city 
shall hold or be a candidate for any other office without first resigning or at 
once forfeiting such office in the city government. No officer or candidate in 
connection with the city government shall directly or indirectly pay for any 
publication in any newspaper in commendation of his services or in advocacy 
of his candidacy or in respect thereto or against any other candidate, except 
under the caption "paid advertisement," and no person publishing or managing 
a newspaper shall publish for a consideration any commendation, advocacy 
or condemnation of any officer or candidate for office of such city without stat- 
ing in such publication the price paid therefor and the person paying it. Any 
violation of any of these provisions shall be punished by a fine not exceeding 
five hundred dollars or imprisonment not exceeding one year. 

1942 Code §§7653, 7673; 1932 Code §§7653, 7673; Civ. C. '22 §4746; Cr. C. '22 §529; 
Civ. C. '12 §30S9; 1910 (26) 523; 1929 (36) 154. 

§ 47-574. Recall of mayor or councilmen in cities of 32,000 to 34,000, 1940 
census. 

The mayor or any councilman of any city in this State, the population of 
which, according to the 1940 official census, was not less than thirty-two thou- 
sand nor more than thirty-four thousand, operating on April 8 1948 under the 
commission form of government, may be removed from office in the manner 
prescribed in §§ 47-575 to 47-577. 

1948 (45) 1856. 

§ 47-575. Petition for recall. 

Qualified registered electors of such city equal in number to at least twenty 
per cent of the total number of qualified electors of such city at the time of 
the last general election in such city may file with the Governor a petition de- 
manding the removal of the mayor or a councilman and stating the grounds 
for such demand, the signatures to such petition showing the place of resi- 
dence and the occupation of each signer and stating that he is a qualified 
registered elector of said city and such petition being duly verified as to these 

88 



§ 47-576 Municipal Corporations § 47-579 

facts by one or more persons who make affidavits on such petition as to any 
stated number of such petitioners. 
194S (45) 1856. 

§ 47-576. Recall election. 

The Governor, upon the filing of such petition, shall order an election for 
a day not later than thirty days and not earlier than two weeks after such 
filing. Such election shall be conducted by the board of commissioners of 
election and the managers of elections, under the rules, regulations and pen- 
alties applying to other elections. At such election the board of commis- 
sioners of election shall provide ballots on which shall be placed the name of 
the mayor or councilman whose removal the petitioners have demanded and 
also the name or names of any other candidate or candidates for the position 
then held by such mayor or councilman, the ballot to be prepared at least five 
days before the date of the election. 

1948 (45) 1856. 

§ 47-577. Result of election ; subsequent elections. 

The person receiving the majority of the votes cast in such election shall 
hold the office during the unexpired term and the incumbent shall not be 
removed unless a majority vote is received by some other person. In case 
there be no election a second election shall be had, at which the ballots shall 
contain only the names of the incumbent and of his opponent who received the 
highest vote at the preceding election. Such election shall be held on the third 
day after the first election, unless delayed by a contest as to the result of the 
election, in which case the board of commissioners of election shall advertise 
a day for the second election not later than ten days after the first election. 

1948 (45) 1S56. 

§ 47-578. Publication of accounts and reports. 

The city council shall annually or oftener publish for the information of the 
citizens in the daily newspapers or in pamphlets, or both, detailed statements 
of the receipts and expenditures of the city and a summary of the proceedings 
and doings of the city government during the preceding period following the 
last publication. It shall likewise annually publish the result of the examina- 
tion of the books and accounts of the city by expert accountants. The expenses 
of all such publications shall be paid out of the city treasury. 

1942 Code §7653; 1932 Code §7653; Civ. C. '22 §4746; Cr. C. '22 §529; Civ. C. '12 
§3089; 1910 (26) 523. 

§ 47-579. Abandonment of form of government. 

Any city after operating for six years under the provisions of this article 
may abandon the form of government herein provided and accept the provi- 
sions of the general law of the State applicable to it before the adoption- of 
this form of government by procedure by petition and election on the question 

89 



§ 47-580 



BUREAU OF PUBLIC ADMINISTRATION 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 

Code of Laws of South Carolina § 47-592 



of abandonment in the manner provided in §§ 47-551.2 to 47-551.4 for adopting 
this form of government. 

1942 Code §§ 7657; 1932 Code § 7657; Civ. C. '22 § 4750; Civ. C. '12 § 3093; 1910 (26) 523 

Cited in State v. Manning, 104 S. C. 260, 
S8 S. E. 471 (1916). 

§ 47-580. Article to be liberally construed. 

The usual rule of law as to the interpretation of statutory provisions and 
the construction of statutory powers shall, except as to §§ 47-568, 47-569 and 
47-574 to 47-577, be reversed in respect to this article which shall except as to 
said sections be construed liberally, the spirit always controlling the letter and 
any technical deficiencies being supplied by the reasonable intendment of 
the provisions of this article as a whole in the light of municipal needs. 

1942 Code §7656; 1932 Code § 7656; Civ. C. '22 § 4749; Civ. C. '12 § 3092; 1910 (26) 523 

Article 6. 

Commission Form with City Manager, Cities of 
50,000 to 70,000, 1940 Census. 

§47-591. Right to adopt form. 

Any city which, by the 1940 United States census had not less than fifty 
thousand inhabitants nor more than seventy thousand inhabitants may adopt 
the form of government known as the commission form of government with 
city manager and become organized as a city under the provisions hereof, 
retaining and exercising all the rights and powers and remaining subject to 
all the duties and obligations otherwise granted or imposed by law, not herein 
repealed specifically or by necessary implication. 

1949 (46) 90. 

§ 47-592. Election on adoption. 

Upon resolution duly passed by a majority of the city council or upon the 
petition of registered electors qualified to vote in any such city equal in num- 
ber to twenty-five per cent of the votes cast for all candidates for mayor in 
the last preceding general election of any such city, showing the residence 
and occupation of each petitioner and verified as is required for other petitions, 
the mayor shall, by proclamation, submit to a vote of the qualified registered 
electors of such city the question of adopting the form of government known 
as the commission form of government with city manager, to be held at a 
special election not later than ninety days nor earlier than thirty days after 
the petition is filed or the resolution of council is passed. The question shall 
be submitted by the mayor in his proclamation in the following form, to wit: 
"Shall the city of (name of city) adopt the commission form of government 
with city manager?" If the electors vote to adopt the commission form of 
government, it shall become effective pursuant to the terms of this article at 
the next general election for councilmen. 

1949 (46) 90. 

90 



§47-593 Municipal Corporations §47-598 

§47-593. Blank. 

§ 47-594. Form of ballots. 

At such special election the board of commissioners of elections for such 
city shall provide ballots upon which shall be written: "Shall the city (name 
of city) adopt the commission form of government with city manager? Yes.- 
Xo. (Strike one answer)." 

1949 (-46) 90. 

§ 47-595. Conduct and declaration of result of election. 

Each qualified registered elector shall be allowed to vote one ballot and the 

election shall be conducted and the vote canvassed and the result declared in 

the manner provided by law in respect to municipal elections except as herein 

otherwise provided. If a majority of the votes cast shall be "Yes" (the word 

"No" being erased) the board of commissioners of elections shall declare 

that the city has adopted the form of government provided for herein. If 

there be not a majority of the ballots with the word "Yes" thereon and the 

word "No" erased the board of commissioners of elections shall declare that 

such form of government has been rejected. 

1942 Code §7628; 1932 Code §7628; Civ. C. '22 §4721; Civ. C. '12 §3074; 1910 (26) 523; 
1949 (46) 90. 

§ 47-596. City council ; terms of members ; vacancies. 

The city council shall consist of four commissioners or councilmen and a 
mayor to be elected by the electors at large. At the first general election for 
councilmen following the adoption of the commission form of government 
with city manager there shall be elected two councilmen and a mayor, each 
for a term of four years. The incumbent councilmen will continue in office 
until their terms of office expire and shall be paid their salaries as provided 
for prior to the adoption of the commission form of government. Thereafter 
councilmen or commissioners and a mayor shall be elected every four years 
as their respective terms may expire. In the event of the death or resignation 
of any councilman or the mayor his successor shall be elected in the same 
manner that such vacancy would have been filled if such city had not adopted 
the commission form of government with city manager. 

1949 (46) 90; 1950 (46) 1877. 

§ 47-597. Council judge of members' qualifications. 

The city council shall be the judge of the election and qualifications of 
its members and for such purposes shall have power to subpoena witnesses 
and require the production of records. The decision of the council in any case 
shall be subject to review by the courts. 

1949 (46) 90. 

§ 47-598. Mayor and assistant mayor. 

The mayor shall preside at all meetings of the council and shall be the recog- 
nized head of the city government for all ceremonial and general purposes. 

91 



BUREAU OF PUBLIC ADMINlSTRAlt^ 

UNIVERSITY OF SOUTH CAROLINA 

COLUM3IA 



§ 47-599 Code of Laws of South Carolina § 47-601 

He shall have no regular administrative duties other than attending meetings 
of the council. Immediately after any general election for the city council, 
the council shall elect from its own number an assistant mayor to serve as 
such for two years, who shall act as mayor during the absence or disability 
of the mayor. If a vacancy occurs in the office of mayor, such councilman 
so selected shall become mayor and serve as such until a successor of the 
mayor shall be elected. 

1949 (46) 90; 1950 (46) 1877. 

§47-599. Blank. 

§ 47-600. Meetings of city council ; votes required. 

The city council shall fix the time and place of its meetings. Such meetings 
shall be open to the public. Meetings of the council shall be semi-monthly. 
Special meetings may be called by the mayor and must be called on the written 
request of two members of council. All acts of council shall be approved by 
at least three members. 

1949 (46) 90. • 

§ 47-601. Legislative duties of council. 

All legislative powers of the city and the determination of all matters of 
policy shall be vested in the city council, each member, including the mayor, 
to have one vote. Without limitation of the foregoing, the council shall : 

( 1 ) Elect or appoint a city manager ; 

(2) Establish other administrative departments and assign and distribute 
the work thereof upon recommendation of and with the approval of the city 
manager; 

(3) Adopt the budget of the city ; 

(4) Authorize the issuance of bonds by a bond ordinance, subject to such 
restrictions and limitations as may be prescribed by law ; 

(5) Inquire into the conduct of any office, department or agency of the city, 
make investigations as to municipal affairs and give the public information 
concerning them ; 

(6) Appoint the members of the boards provided by general law ; 

(7) Constitute and appoint members of a planning commission, who shall 
also serve as a zoning board; 

(8) Adopt plats; 

(9) Adopt and modify the official map of the city ; 

/"(10) Provide for an independent quarterly audit of the books and business 
raffairs of the city and for a general survey of city business ; 

(11) Provide for the general health and welfare of the city in accordance 
with the statute law of the State with reference to the general police powers 
now granted to municipalities ; 

(12) Enact ordinances of every nature and kind, not prohibited by the 
statute law or Constitution of the State or of the United States ; and 

92 



§ 47-602 Municipal Corporations § 47-605 

(13) With the advice of the city manager, appoint all committees, boards 
and commissions relating to the affairs of the city government, except as other- 
wise provided by law. 

1949 (46) 90. 

§ 47-602. City manager ; appointment, qualifications and salary. 

The city council shall appoint or elect an administrative head of the gov- 
ernment whose title shall be city manager. He shall be chosen by council 
solely on the basis of his executive and administrative qualifications with spe- 
cial reference to his actual training and experience in, and bis knowledge of, 
accepted practices in respect of his duties as herein set forth. The city man- 
ager first appointed after a city has adopted the commission form of govern- 
ment with city manager shall be a man with at least two years' experience 
as city manager or assistant city manager in some city or town with a city 
manager form of government. At the time of his appointment he need not 
be a resident of the city or state, but during his tenure of office he shall reside 
within the city or in the suburbs thereof. His salary shall be in accordance 
with salaries prevailing for city managers in cities comparable in size and 
circumstances, such salary to be fixed by council within their discretion. No 
councilman shall receive such appointment during the term for which he shall 
have been elected, nor within two years after the expiration of his term of 
office in such city as he may have served as councilman. 

1949 (46) 90. 

§ 47-603. Temporary city manager. 

At any time before the appointment of the first city manager, the city 
council may appoint a temporary city manager for a period of not longer than 
six months on such salary as the council may agree upon. 

1949 (46) 90. 

§ 47-604. Acting city manager. 

To perform his duties during his temporary absence or disability, the city 
manager may, by letter filed with the city clerk, designate a qualified admin- 
istrative officer of the city to serve as acting city manager during such ab- 
sence or disability. In the event of the failure of the manager to make such 
designation, the city council may by resolution appoint an officer of the city to 
perform the duties of the manager until he shall return or his disability shall 
cease. 

1949 (46) 90. 

§ 47-605. Bonds of city manager and other employees. 

The city council shall require suitable bonds of the city manager and other 
city employees conditioned for the faithful performance of their duties. The 
cost of such bonds shall be paid by the city. 

1949 (46) 90. 

93 



§ 47-606 Code of Laws of South Carolina § 47-607 

§ 47-606. Term of city manager ; removal or suspension. 

The city council may, in its discretion, appoint the city manager for a 
definite or indefinite term and may remove him from office by a majority 
vote of its members for cause. At least thirty days before such removal shall 
become effective the council shall, by a majority vote of its members, adopt 
a preliminary resolution stating the reason for the proposed removal. The 
manager may reply in writing and may demand a public hearing which shall 
be held not earlier than twenty days nor later than thirty days after the filing 
of such request. After such public hearing, if one be requested, and after 
full consideration, the council by a majority vote of its members may adopt a 
final resolution of removal. By the preliminary resolution, the council may 
suspend the manager from duty, but shall in any case cause to be paid to 
him forthwith the salary for the month in which such resolution is passed 
and his salary for the next three calendar months following the adoption of 
the preliminary resolution. 

1949 (46) 90. 

§ 47-607. Powers and duties of city manager. 

The city manager shall be the chief executive officer and head of the ad- 
ministrative branch of the city government. He shall be responsible to the 
city council for the proper administration of all affairs of the city and to 
that end, subject to the provisions of this article, he shall : 

(1) Appoint and, when necessary for the good of the city, remove any ap- 
pointive officer or employee of the city and fix the salaries of such officers and 
employees, except as otherwise provided in this article or prohibited by 
law and except as he may authorize the head of a department or office to 
appoint and remove subordinates in such department or office and the statutes 
of this State relating to civil service, civil service commissioners and civil 
service employees shall not be construed to be abridged, modified or in any 
way affected by this article ; 

(2) Prepare the budget annually, submit it to the city council and be re- 
sponsible for its administration after adoption; 

(3) Prepare and submit to the city council at the end of each fiscal year a 
complete annual report on the finances and administrative activities of the 
city for the preceding year and make such other financial reports from time to 
time as may be required by the council or by the charter of the city ; 

(4) Keep the city council advised of the financial condition and future needs 
of the city and make such recommendations as may seem to him desirable ; 
and 

(5) Perform such other duties as may be prescribed by law or required of 
him by the city council, not inconsistent with the provisions of this article. 

1949 (46) 90; 19S0 (46) 2002. 



94 



§ 47-608 Municipal Corporations § 47-613 

§ 47-608. City attorney and recorder. 

The city council shall elect or appoint a city attorney and a Judge or record- 
er of the municipal court, whose duties shall be such as are otherwise pre- 
scribed by law. 

1949 (46) 90. 

§ 47-609. Appointment and removal of other city employees. 

Neither the city council nor any of its members shall direct or request the 
appointment of any person to, or his removal from, office by the city man- 
ager or by any of his subordinates or in any manner take part in the appoint- 
ment or removal of officers and employees in the administrative service of 
the city, except when by majority vote of the council an inquiry as to the re- 
moval of an officer or employee is demanded. Except for the purpose of 
inquiry, the council and its members shall deal with the administrative service 
solely through the city manager and neither the council nor any member 
thereof shall give orders to any subordinates of the city manager, either pub- 
licly or privately. Any councilman or mayor violating the provisions of this 
section or voting for a resolution or ordinance in violation of this section 
shall be guilty of a misdemeanor and upon conviction thereof shall cease to 
be a member of the council. 

1949 (46) 90. 

§ 47-610. Creating and abolishing offices ; changing duties. 

The city council by ordinance may create, change and abolish offices, de- 
partments or agencies, other than the offices, departments and agencies es- 
tablished hereby, upon the recommendation and with the approval of the city 
manager. Council by ordinance may assign additional functions or duties to 
offices, departments or agencies established by this article, but shall not dis- 
continue or assign to any office, department or agency any function or duty 
assigned by this article to any particular office, department or agency. 

1949 (46) 90. 

§ 47-611. Departments of city government; directors thereof. 

There shall be established such departments for the conduct of the city 
business as may be established by ordinance upon the recommendation of the 
city manager. The head of each department shall be a director, who shall 
be an officer of the city and shall have supervision and control of his depart- 
ment, subject to the city manager. 

1949 (46) 90. 

§ 47-612. Cost of elections. 

The cost of elections shall be paid by the city. 
1949 (46) 90. 

§ 47-613. Investigations ; inspection of records. 

The city council, city manager or any person or committee authorized by 
either of them may investigate and inquire into the conduct of any office, de- 

95 



§ 47-614 Code of Laws of South Carolina § 47-622 

partment, agency or officer of the city and for such purpose may summon and 
require the presence of witnesses and the production of books and other rec- 
ords in accordance with due process of law. All records and accounts of 
every office, department or agency of the city shall be open to inspection by 
any citizen, any representative of a citizens' committee or organization or any 
representative of the press. 
1949 (46) 90. 

§ 47-614. Councilmen not to be interested in city contracts, etc. 

No member of the city council or officer or employee of the city shall have 
any financial interest, direct or otherwise, in any contract with the city or 
in the sale to the city or to a contractor supplying the city of any land or other 
property or services. Any wilful violation of this section shall constitute mal- 
feasance in office and any officer or employee of the city found guilty thereof 
shall forfeit his office. 

1949 (46) 90. 

§ 47-615. Discontinuance of commission form. 

In the event a city adopts the commission form of government with city 
manager an election to decide whether to discontinue that form of government 
may be called in the same manner as provided herein for the adoption of such 
a form of government. 

1949 (46) 90. 

Article 7. 
Entry into Next Higher Class. 

§ 47-621. Change of class or increase in population. 

Any city which has adopted the commission form of government in the 
class to which it was then eligible under the classification on the basis of 
population as provided in this chapter which thereafter shall attain, by the 
then last preceding published United States census, the population requisite 
for eligibility to the next higher class as defined in this chapter shall there- 
upon automatically enter such next higher class and become organized there- 
under. 

1942 Code §7659; 1932 Code §7659; 1924 (33) 964. 

Cross reference. — As to when cities in- classified according to population may 
corporated under the general law and enter the next higher class, see § 47^t. 

§ 47-622. Officers continue for residue of term after entry of city into next 
class. 
All officers of any such city in office at the time of its entry into the next 
higher class shall continue in office until the expiration of the respective 
terms for which they have been elected and, at the next succeeding general 
election for mayor in any such city there shall be elected a sufficient addi- 
tional number of councilmen to complete the number to which such city 
may be entitled under the newly entered class, until which time the mayor 

96 



§ 47-623 Municipal Corporations § 47-635 

and councilmen in office at the time of entrance into the new class shall be 
competent to and shall discharge all duties imposed by law on the councils 
of cities in the newly entered class. 

1942 Code §7660; 1932 Code §7660; 1924 (33) 964. 

§ 47-623. Certificate of change of class. 

For all other purposes the organization of such city in the new class shall 
be deemed complete upon the filing with the Secretary of State by the mayor 
and councilmen of such city of a certificate setting forth that the city was 
theretofore organized under the commission form of government in the class 
applicable to its then population and that, by the then last preceding United 
States census, the population of such city makes it eligible to such next highest 
class. 

1942 Code § 7660; 1932 Code § 7660; 1924 (23) 964. 

Article 8. 
City of Camden. 

§ 47-631. Election of mayor and commissioners. 

In the city of Camden there shall be a mayor and four commissioners elected ^ 
in general elections in said city to be held on the second Tuesday in April of " 
each even numbered year in which the term of office of the mayor or the term 
of office of the commissioners may expire. 

1948 (45) 1621; 1951 (47) 421. 

§ 47-632. Terms of office. 

The terms of office of the mayor and commissioners so elected shall be for 
a period of four years and until their successors shall have been elected and 
qualified, the term of office of the mayor and two commissioners expiring 
in presidential election years and the term of office of the other two commis- 
sioners expiring in the other even numbered years. 

1948 (45) 1621; 1951 (47) 421. 

§ 47-633. Vacancies. 

If a vacancy should occur in the office of mayor or commissioner the re- 
maining members of the city council shall call a special general election in 
said city as expeditiously as possible to elect a mayor or commissioner, as 
the case may be, to fill the vacancy for the unexpired term. 

194S (45) 1621. 

§ 47-634. Blank. 

§47-635. City council. 

The mayor and commissioners so elected and qualified shall constitute the 
council of the city of Camden and the legal governing body of said city. 
1948 (45) 1621. 

[5 SC Code]— 7 97 



,ffo< 



§ 47-636 Code of Laws of South Carolina § 47-642 

§ 47-636. City manager. 

The city council of said city shall employ a city manager who shall be paid 
such salary as the council may deem advisable. The city manager shall have 
such powers and authority as are customarily given such managers, spe- 
cifically including (but not restricted to) all administrative and routine mat- 
ters and such other duties as may be assigned to him by the council. 

1948 (45) 1621. 

§ 47-637. Council meetings. 

Meetings of the city council shall be held at least once each month and at 
such other times as may be called by the mayor or by any two commissioners. 
Three members of the council shall constitute a quorum and each member of 
the council shall have one vote on all matters before the council. The ma- 
jority vote shall determine the outcome of all questions and elections before 
the council. 

1943 (45) 1621; 1951 (47) 421. 

§ 47-638. Powers of council. 

The city council of said city shall have the same powers, duties and author- 
ities as were formerly devolved upon the mayor and aldermen of said city, 
not inconsistent with any of the provisions of this article. 

1948 (45) 1621. 

§ 47-639. Office hours of council. 

The members of the council shall not be required to keep office hours, but 
shall keep such hours as they deem proper and necessary to exercise their 
authority and to perform their duties. 

1948 (45) 1621. 

§ 47-640. Blank. 
§ 47-641. Blank. 

§ 47-642. Provisions of article 2 made applicable. 

All provisions of article 2 of this chapter relative to the commission form 
of government of cities having a population of more than four thousand and 
less than ten thousand which are not inconsistent with the provisions of 
this article are made applicable to said city of Camden. 

194S (45) 1621. 



98 [5 SC Code] 



§ 47-651 Municipal Corporations § 47-656 

Article 9. 

City oj Florence. 

§ 47-651. Mayor and councilmen. 

In the city of Florence there shall be a mayor and two councilmen, who 

shall be elected and hold office for a term of two years. If any vacancy occur 

in the city council it shall be filled by election. 

1942 Code §7599; 1932 Code §7599; Civ. C. '22 §4692; 1912 (27) 793; 1915 (29) 57, 
203; 1918 (30) 681. 

§47-652. Same; salaries. 

The mayor of the city of Florence shall be paid an annual salary not to ex- 
ceed three hundred dollars, payable in equal monthly installments, and each 
councilman, in lieu of all other salary, shall be paid a sum for each meeting of 
the council attended by such councilman, not to exceed two meetings in any 
one month. 

1942 Code §7605; 1932 Code §7605; Civ. C. '22 §4698; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681; 1951 (47) 506. 

§ 47-653. Same ; quorum and votes requisite. 

In the city of Florence the mayor and each of the two councilmen shall 

have the right to vote on all questions coming before council and two of them • 

shall constitute a quorum. Wherever it is otherwise required that the action 

of three members of the council shall be necessary for any purpose, in the city 

of Florence the action of two members of the council shall be sufficient. 

1942 Code §7603; 1932 Code §7603; Civ. C. '22 §4696; 1912 (27) 793; 1915 (29) 203; 
1924 (33) 1063. 

§ 47-654. Same ; office hours. 

In the city of Florence the mayor shall keep regular office hours of not less 
than one hour daily, except on Sundays and legal holidays, but the council- 
men shall not be required to keep regular office hours. 

1942 Code §7604; 1932 Code §7604; Civ. C. '22 §4697; 1912 (27) 793; 1915 (29) 203: 
1918 (30) 681. 

§ 47-655. Administrative departments. 

In the city of Florence the council shall distribute the executive and ad- 
ministrative powers and- duties among three departments, each of which shall 
have a member of the council as superintendent thereof, the assignments to 
be made by the mayor. 

1942 Code §7605; 1932 Code §7605; Civ. C. '22 §4698; 1912 (27) 793; 1915 (29) 203; 
1918 (30) 681. 

§ 47-656. City attorney. 

In the city of Florence it shall not be necessary for the city attorney to be 
a freeholder or to have resided in the city for five years, but the city council 
may appoint as city attorney any attorney of good and reputable standing 
who is a resident elector of the city and who has practiced law for two years. 

1942 Code §7613; 1932 Code §7613; Civ. C. '12 §4706; 1912 (27) 793; 1915 (29) 203. 

99 



§ 47-661 Code of Laws of South Carolina § 47-665 

Article 10. 
City of Spartanburg. 

§ 47-661. Salary of mayor and councilmen. 

The annual salary of the mayor of the city of Spartanburg shall not exceed 
the sum of two hundred dollars per month and that of each councilman shall 
not exceed the sum of one hundred dollars per month. 

1946 (44) 1561; 1950 (46) 2117. 

§ 47-662. City manager. 

The city council of the city of Spartanburg shall select and appoint a city 
manager whose salary, term of office and bond shall be fixed by ordinance of 
the city council. The mayor and councilmen shall be ineligible to hold the 
office of city manager for a period of two years after the expiration of their 
respective terms of office. 

1946 (44) 1561. 

§ 47-663. Duties and powers of city manager. 

The city manager shall be the sole administrative officer of the city gov- 
ernment, having general supervision, management and control of all the de- 
partments of the city, subject to such rules and regulations as may be pro- 
vided by the city council. But the public works commission and civil service 
commission shall be preserved as now provided and shall in no manner be 
affected hereby. 

1946 (44) 1561. 

§ 47-664. City may abandon commission form. 

The city of Spartanburg may abandon the commission form of government. 
In case a majority votes in favor of abandoning the commission form of 
government, the mayor shall within ten days thereafter declare the result 
and within four months give three weeks advertisement published in some 
daily paper of Spartanburg ordering an election for mayor and aldermen under 
its former charter who shall qualify immediately after their election. 

1942 Code §7618; 1932 Code §7618; Civ. C. '22 §4711; 1912 (27) 793; 1915 (29) 203. 

§ 47-665. Effect on existing government. 

Except as expressly stated in this article nothing herein contained shall 
affect the existing commission form of government of the city of Spartanburg, 
consisting of a mayor and four councilmen. 

1946 (44)1561. 



100 



§47-671 Municipal Corporations §47-674 

Article 11. 
City of Sumter. 

§ 47-671. Election of mayor and council. 

There shall be voted for at an election to be held in the city of Sumter on 
the second Tuesday in August in each even numbered year candidates for 
mayor and for two councilmen for a term of four years, the four councilmen 
other than the mayor first elected having served two for a term of four years 
and two for a term of two years. If any election results in a tie vote another 
election may be ordered by the mayor. 

1942 Code §7622; 1932 Code §7622; Civ. C. '22 §4715; 1912 (27) 793; 1944 (43) 1301. 

§ 47-672. City council. 

The mayor and councilmen elected or chosen as herein provided at the 
election to be held for that purpose shall be and constitute the city council 
of said city and each of them shall have the right to vote on all questions com- 
ing before the council. Two members of the council shall constitute a quorum. 
By unanimous consent the requirements as to order of business or procedure 
may be dispensed with. The members of the council shall keep such office 
hours as may be necessary. 

1942 Code §7622; 1932 Code §7622; Civ. C. '22 §4715; 1912 (27) 793. 

§ 47-673. City manager. 

The mayor and councilmen when elected shall not distribute the powers 
of the council among the members but shall employ as city manager a male 
person of sound discretion and good moral character, not of their number, 
at such salary and upon such terms as they may decide. The city manager 
shall be subject to such rules and regulations as may be provided by the 
council. 

1942 Code §7622; 1932 Code §7622; Civ. C. '22 §4715; 1912 (27) 793. 

§ 47-674. Powers of council. 

The council of said city may exercise the powers, provisions and privileges 
set forth and enumerated in §§ 47-529, 47-701 and 47-705. The council may 
grant, renew or extend franchises for interurban or street railways or water- 
works, gas or electric light or power plants, heating plants, telegraph or tele- 
phone systems or other public service utilities not prohibited by the Consti- 
tution of the State within said city upon a petition for, against or in reference 
to any such franchises signed by two-thirds of the qualified electors of the 
city. 

1942 Code §7622; 1932 Code §7622; Civ. C. '22 §4715; 1912 (27) 793. 

Contract to furnish light and power. — power and to give franchise for such pur- 
Sections 59-546 to 59-551, formerly au- pose, this section being repealed so far 
thorizing cities to sell lighting and ice as inconsistent. McKiever v. Sumter, 137 
plants, was held to authorize city to con- S. C. 266, 135 S. E. 60 (1926). 
tract with purchaser to furnish light and 

101 



§ 47-675 



Code of Laws of South Carolina 



§47-675 



§ 47-675. Other powers of city. 

All the powers and privileges enumerated and set forth in § 47-564 shall 
apply to the city of Sumter. 

1942 Code § 7622; 1932 Code §7622; Civ. C. '22 §4715; 1912 (27) 793. 



CHAPTER 7. 
Civil Service Commissions. 



Article 1. 

In Certain Cities with Commission Form 
of Government. 
Sec. 

47-701. Appointment and removal of com- 
missioners; vacancies. 

47-702. Blank. 

47-703. Examinations and certification of 
results. 

47-704. Other duties of commissioners. 

47-705. Selection and removal of employees. 

47-706. Tenure of office in cities of 35,000 
to 45,000, 1920 census. 

47-707. Abolition of offices and reduction 
in rank in such cities. 

47-708. Inspectors of health department in 
such cities. 

47-709. Article not applicable to Florence. 

Article 2. 
In Other Cities of Certain Populations. 

47-721. Authorization. 

47-722. Qualifications; oath; removal. 

47-723. Compensation. 

47-724. Officers. 

47-725. Meetings. 

47-726. Mayor, etc., may attend commis- 
sion meetings. 

47-727. General duties; employees. 

47-728. Examinations of applicants for posi- 
tions in fire and police depart- 
ments; temporary and clerical 
employees. 

47-729. Notice of examinations. 

47-730. Register of successful applicants; 
re-examinations. 

47-731. Probation period. 

47-732. Service records. 

47-733. Promotions; appointments of de- 
partment chiefs. 

47-734. Employees removable only for 
cause. 

47-735. Suspension of employees by supe- 
rior officers. 

47-736. Complaints and trials. 

47-737. When employee may be found guil- 
ty; punishment. 

47-738. Reports. 



Sec. 
47-739. Effect upon powers of city council. 
47-740. Article cumulative. 

Article 3. 
In Cities of 28,000 to 29,000, 1930 Census. 

47-751. Creation. 

47-752. Exceptions in certain cities. 

47-753. Appointment of members; term; 
salaries. 

47-754. Appointment of commission. 

47-755. Organization and meetings. 

47-756. Rules and regulations. 

47-757. Employees subject to article. 

47-758. Offices and employees hereunder; 
fixing salaries thereof. 

47-759. Qualifications of applicants. 

47-760. Competitive tests and eligibility 
tests. 

47-761. Veterans' preference. 

47-762. Liability of employees for political 
service. 

47-763. Lay-offs and re-employment. 

47-764. Terms of employment; causes for 
suspension, demotion, discharge, 
etc. 

47-765. Removal, suspension, demotion or 
discharge. 

47-766. Investigations -of such removals, 
etc., by commission. 

47-767. Order of commission after investi- 
gation. 

47-768. Appeals from such orders. 

47-769. Cities to enact legislation to put ar- 
ticle in effect. 

47-770. Civil suits; counsel. 

47-771. Commission to carry out provisions 
of article. 

47-772. Penalties. 

Article 4. 
In Cities of 70,000, 1940 Census. 

47-781. Creation. 

47-782. Term and qualifications of mem- 
bers. 

47-7S3. Commission as personnel agency. 

47-784. System of personnel administration 
for such cities. 



102 



§ 47-701 Municipal Corpokatioxs § 47-704 

Article 1. 

In Certain Cities with Commission Form of Government. 

§ 47-701. Appointment and removal of commissioners ; vacancies. 

The citv council of an)' city adopting the commission form of government 
under chapter 6 of this Title, except a city of over two thousand and less 
than four thousand inhabitants, shall immediately after the organization of 
the new city council first elected after adoption of such form of government 
by ordinance appoint three civil service commissioners, who shall hold office 
for two, four and six years, the successors of each to be thereafter appointed 
for the term of six years at the expiration of the preceding term of service. 
Such commissioners shall be removable from office by council only for cause, 
four councihnen voting tor such removal. Council shall have authority to 
fill any vacancy for the unexpired term. Each such commissioner shall be- 
fore entering upon his duties take and subscribe the oaths required of coun- 
cilmen by § 47-559. 

1942 Code §§7606. 7612. 7651: 1932 Code §§7606. 7612, 7651; Civ. C. '22 §§4699, 4705, 
4744; Civ. C. '12 §30S7; 1910 (26; 523; 1912 (27) 793; 1915 (29) 203; 1930 (36) 1104. 

§47-702. Blank. 

§ 47-703. Examinations and certification of results. 

The civil service commissioners shall, twice a year or oftener if they deem 
it necessary, under such rules and regulations as they may prescribe, hold 
exa minat ions for the purpose of determining the qualifications of applicants 
for positions on the police force, in the fire department, in the health depart- 
ment in cities of more than ten thousand and less than twenty thousand in- 
habitants and of more than fifty thousand and less than one hundred thou- 
sand inhabitants or in any other special line of service in the city government 
which ma}- be placed by the city council under civil service regulations. The 
examination for each line of service shall be practical, fairly testing the fitness 
of the persons examined to discharge efficiently the duties of the particular 
line of employment. The commissioners shall, as soon as practicable after 
each such examination, certify to the council the persons who have satisfac- 
torily passed such examination, stating the order of excellence. But the 
commissioners shall not certify the name of (and may deny the examination 
to) any person as to whose honesty and integrity or general moral character 
they have not reasonably satisfied themselves by affirmative investigation. 

1942 Code §§7606. 7612, 7651; 1932 Code §§7606, 7612, 7651; Civ. C. '22 §§4699, 4705, 
4744: Civ. C. '12 §3087; 1910 (26) 523; 1912 (27) 793; 1915 (29) 203; 1930 (36) 1104. 

§ 47-704. Other duties of commissioners. 

The civil service commissioners shall give attention to the work of all the 

departments within the civil service of the city and make reports to the 

council and such publications to the public as they may deem proper. 

1942 Code §§7606. 7612. 7651; 1932 Code §§7606, 7612, 7651; Civ. C. '22 §§4699, 4705, 
4744; Civ. C. '12 §3087; 1910 (26) 523; 1912 (27) 793; 1915 (29) 203; 1930 (36) 1104. 

103 



§ 47-705 Code of Laws of South Carolina § 47-707 

§ 47-705. Selection and removal of employees. 

Council may choose employees in the civil service departments of the gov- 
ernment, which shall always include the police department and the fire de- 
partment and, in cities of more than ten thousand and less than twenty 
thousand inhabitants and of more than fifty thousand and less than one hun- 
dred thousand inhabitants, the department of health, only from persons so 
certified by the civil service commissioners. No appointee to a civil service 
position shall be removed from office by council except by and with the ap- 
proval of a majority of the civil service commissioners upon charges duly pre- 
sented as to which the employee shall have the opportunity to make his de- 
fense, except that the chief of police and the chief of the fire department or any 
superintendent or foreman in charge of municipal work may temporarily sus- 
pend or discharge any subordinate then under his direction for neglect of 
duty or disobedience of his orders, but shall within twenty-four hours there- 
after report such suspension or discharge and the reason therefor to the mem- 
ber of council who is the superintendent of such department. Such member 
of council shall thereupon affirm or revoke such discharge or suspension which 
shall be final unless such employee shall, within five days of such ruling, appeal 
therefrom to council, which shall, with the civil service commissioners, fully 
hear and determine the matter and shall not finally discharge the employee 
without the concurrence of two-thirds of the civil service commissioners. 

1942 Code §§7606, 7612, 7651; 1932 Code §§7606, 7612, 7651; Civ. C. '22 §§4699, 4705, 
4744; Civ. C. '12 §3087; 1910 (26) 523; 1912 (27) 793; 1915 (29) 203; 1930 (36) 1104. 

§ 47-706. Tenure of office in cities of 35,000 to 45,000, 1920 census. 

Persons elected to fill positions in the fire department or police department 
in cities of more than thirty-five thousand inhabitants and less than forty-five 
thousand inhabitants, according to the United States census for the year 1920, 
shall hold their offices for a term of four years and until their successors have 
been elected and qualified, unless they have been removed from such positions 
as set forth in this article in the manner herein provided. But the term of 
office or position herein provided for shall not apply to such persons who are 
elected or selected to positions in the fire department or police department for 
temporary services only or when an emergency exists necessitating the tem- 
porary employment of a fireman or policeman. 

1942 Code §7651; 1932 Code §7651; Civ. C. '22 §4744; Civ. C. '12 §3087; 1910 (26) 
523; 1930 (36) 1104. 

§ 47-707. Abolition of offices and reduction in rank in such cities. 

In cities of more than thirty-five thousand and less than forty-five thousand 
inhabitants, according to the United States census for the year 1920, nothing 
herein contained shall be construed so as to prevent city council, in good 
faith for the purpose of economy or for any other purpose which, in its 
judgment, serves the public welfare, from abolishing any office existing in the 
fire department or police department. And in such cities for good cause, a 
fireman or policeman above the rank of that of private may be, by council, 
reduced to the rank of a private. 

104 



§47-708 Municipal Corporations §47-722 

1942 Code §7651; 1932 Code §7651; Civ. C. '22 §4744; Civ. C. '12 §3087; 1910 (26) 
523; 1930 (36) 1104. 

§ 47-708. Inspectors of health department in such cities. 

The provisions of this article shall apply to inspectors of the city health 
department in cities of over thirty-five thousand and less than forty-five 
thousand inhabitants according to the 1920 census. In case of the suspension 
or discharge of such a health inspector it shall be reported to the board of 
health, who shall thereupon affirm or reject such suspension and it will be final 
unless such employee shall within five days of such ruling appeal therefrom to 
city council, which shall, with the civil service commission, fully hear and de- 
termine the matter and shall not finally discharge the employee without the 
concurrence of two-thirds of the civil service commission. 

1942 Code §7651; 1932 Code §7651; Civ. C. '22 §4744; Civ. C. '12 §3087; 1910 (26) 523; 
1930 (36) 1104. 

§ 47-709. Article not applicable to Florence. 

The provisions of this article shall not apply to the city of Florence. 
1942 Code §7606; 1932 Code §7606; Civ. C. '22 §4699; 1915 (29) 203. 

Article 2. 
In Other Cities oj Certain Populations. 

§ 47-721. Authorization. 

Any municipality in this State which does not operate under the commis- 
sion form of government and which had a population of (a) not more than 
fifty-five thousand and not less than twenty-five thousand, (b) not more than 
sixteen thousand five hundred and not less than sixteen thousand, (c) not 
more than seven thousand and not less than six thousand five hundred or 
(d) not more than six thousand and not less than five thousand five hundred, 
according to the United States census of 1940. may by ordinance provide for 
a civil service commission for such municipality, to be administered by three 
commissioners to be elected by the city council of such municipality, with 
the duties, powers and authority conferred and authorized by this article. 
One member of the first commission so created under this article shall be 
chosen for one year, one for two years and the other for three years. There- 
after at the expiration of each respective term of office the city council shall 
elect a commissioner for the term of three years so that the term of office 
of one member shall expire each year. Vacancies shall be filled by the city 
council for the unexpired term. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45; 1949 (46) 45; 1950 (46) 2168, 2301. 

§ 47-722. Qualifications ; oath ; removal. 

The members of any such commission shall be of good moral character and 
not less than thirty years of age and shall possess the qualifications and 
requirements in force with respect to other officers of the city and shall take 
a similar oath of office. They shall be and remain residents of the municipality 
during their term of office and shall be subject to removal from office only for 

105 



§ 47-723 Code of Laws of South Carolina § 47-727 

cause and after written charges have been preferred and sustained by a two- 
thirds vote of the city council. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

§ 47-723. Compensation. 

The commissioners shall be paid such compensation for their services as 
may be fixed by the city council and the chairman and secretary of the com- 
mission may be paid additional compensation in the discretion of council for 
their services. 

1942 Code §7546; 1939 (41) 160. 

§ 47-724. Officers. 

On the creation of such commission and each year thereafter when the ex- 
piring term has been filled, the commissioners shall elect from their number 
a chairman. The city clerk of such city or his assistant shall serve as secretary 
for the commission. The chairman shall enforce the orders of the commission 
and preside at its meetings. The secretary shall be the custodian of all the 
records of the commission and shall keep accurate minutes and records of all 
regular and special meetings of the commission. 

1942 Code §7546; 1939 (41) 160. 

§ 47-725. Meetings. 

The commission shall hold meetings at least once during each month at a 
fixed and stated time, as well as such special or extra meetings as may be 
called by the chairman or a majority of the commission. 

1942 Code §7546; 1939 (41) 160. 

§ 47-726. Mayor, etc., may attend commission meetings. 

The mayor, the city council or any committee from the city council may sit 
in at any regular commission meeting and join in the discussion, but shall not 
be permitted to vote on matters herein delegated to the commission. 

1942 Code §7546; 1939 (41) 160. 

§ 47-727. General duties; employees. 

Such civil service commission, by and with the advice of the chief of each 
department, shall have disciplinary control and supervision over the em- 
ployees of the fire department and the police department of such city and may 
employ, promote and discharge employees thereof, except that the chiefs of 
the fire, police and detective departments shall be elected by the commission 
and confirmed or approved by city council. The commission shall make and 
enforce all such rules and regulations as may be deemed necessary in the ex- 
ercise of their duties and powers and establish and fix the requirements of 
applicants for employment therein. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

106 



§47-728 Municipal Corporations §47-731 

§ 47-728. Examinations of applicants for positions in fire and police depart- 
ments ; temporary and clerical employees. 

All applicants for position in the fire or police departments shall be sub- 
jected to an examination by the commission which shall be competitive and 
free to all resident, persons possessing the right of suffrage and meeting the 
requirements prescribed by the commission, subject to reasonable limitations 
as to residence, age, health, education and moral character. Such examina- 
tions shall be practical in their nature and shall relate to those matters which 
fairly test the relative capacity and fitness of the persons examined to dis- 
charge the duties of the position to which they seek to be appointed. But no 
such applicants shall be examined concerning their political or religious opin- 
ions or affiliations. In the conduct of such examinations the commission may 
call to its assistance the aid of such persons as it may desire either from 
within or without the personnel of the department affected. 

With the approval of the city council special and temporary policemen 
or firemen may be appointed by the commission to serve at its pleasure, 
such employees not to be subject to the provisions of this section 
having reference to competitive examinations. And employees performing 
strictly clerical work for either department or the commission, if there be 
any such, shall likewise not be subject to the provisions of this section having 
reference to competitive examinations and such employees shall also be 
appointed with the approval of the city council and hold office at the pleasure 
of the commission. 

1942 Code §7546; 1939 (41) 160. 

§ 47-729. Notice of examinations. 

Notice of the time and place of the holding of every examination shall be 
given by the commission by posting such notice in a conspicuous place at 
the city hall in such municipality for at least two weeks preceding such ex- 
amination and by publication in a newspaper published in the city affected, at 
least one week preceding such examination. 

1942 Code §7546; 1939 (41) 160. 

§ 47-730. Register of successful applicants ; re-examinations. 

The commission shall prepare and keep a register of persons successfully 
passing such examination and such register shall determine the order of ap- 
pointments under the rules and regulations established by the commission, 
except that after the expiration of one year from the date of such examination 
the commission may require further satisfactory examination on one or more 
of the points covered by the original examination before naming an applicant 
to a position in either department. 

1942 Code § 7546; 1939 (41) 160. 

§47-731. Probation period. 

A six months period shall elapse from the date of employment of new and 
additional officers and men under the terms and conditions of the ordinance 
establishing the commission during which six months probation period the 

107 



§ 47-732 Code of Laws of South Carolina § 47-736 

commission may discharge such officers or employees without cause and with- 
out a hearing, at its discretion. But after such six months probation period, 
no officer or employee may be discharged except as provided for in §§ 47-734, 
47-736 and 47-737. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

§ 47-732. Service records. 

A practical and reasonably accurate service record of each and every em- 
ployee shall be kept in conformity with rules to be established by the com- 
mission and such records shall be considered by the commission in making 
promotions. 

1942 Code §7546; 1939 (41) 160. 

§ 47-733. Promotions ; appointments of department chiefs. 

All promotions in the fire or police department of any such municipality 
shall be by the chief of each respective department, by and with the approval 
of the commission, except for the office of chief of these departments, which 
offices shall be filled by the commission, subject to confirmation and approval 
by the city council. But no person shall be eligible for such appointment as 
chief unless he has been a member of such department for a period of at least 
two years prior to such appointment, except that if the commission is unable 
to secure from the personnel of the department an acceptable person, then, 
it may apply to the city council for permission to elect such officer or officers 
from outside the department and, if such approval is granted, the commission 
may name such official from qualified applicants outside the personnel of the 
department. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

§ 47-734. Employees removable only for cause. 

No officer or employee of the fire or police department, including the chiefs 
thereof, shall be dismissed, removed, or discharged except for cause. But the 
commission may suspend any officer or employee pending an investigation 
of charges against him not to exceed fifteen days at any one time. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

§ 47-735. Suspension of employees by superior officers. 

An employee of either department may be suspended for a period not exceed- 
ing five days by his chief for the commission of any of the offenses referred to 
in § 47-737 but such suspension shall be reported to the commission within 
twenty-four hours and it may remove such suspension or shorten the term 
thereof. 

1942 Code § 7546; 1939 (41) 160; 1943 (43) 45. 

§ 47-736. Complaints and trials. 

A complaint against any officer or employee of either department may be 
orally or in writing lodged with the commission, or any member thereof. The 
commission or any member may investigate the charge and if a prima facie 

10S 



§ 47-737 Municipal Corporations § 47-739 

case is found to exist the officer or employee may be brought to trial by the 
commission. But the commission, five clays before any such trial, shall have 
served upon the officer or employee a written statement of the charges upon 
which the trial is to be had. In or for the conduct of such trial, the commis- 
sioners shall have the power to secure by summons both the attendance and 
testimony of witnesses and the production of books and papers relevant to 
such trial. And the accused shall have the same right. At any such trial 
both the commission and the accused may be heard in person or by counsel 
and the city council may employ counsel to prosecute the case and fix the 
fee to be paid for such services. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

§ 47-737. When employee may be found guilty; punishment. 

In the event any officer or employee be found guilty of (a) violating any ordi- 
nance of his city or law of the State or any rule or order of the commission 
or city council pertaining to his work or conduct or the conduct of the de- 
partment of which he is an officer or employee or (b) insubordination to the 
commission or his superior officer, (c) disrespectful conduct toward the mayor 
of the city or any of its councilmen, (d) conduct unbecoming an employee of the 
city or his department, (e) conduct which might bring discredit upon or dis- 
repute to the city or his department or (f) inefficiency or oppressive use of his 
authority, the commission may dismiss or discharge him from service, demote 
him in rank, fine him not exceeding thirty days pay or withdraw his vacation 
privileges. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

§47-738. Reports. 

Ever)' such commission shall make a full semi-annual report to the city 
council of its actions for the preceding six months, including the rules and 
regulations promulgated and in force, and it may include in such report any 
recommendations affecting the police and fire departments. Copies of such 
semi-annual report shall be kept in the files of the commission as a part of 
its permanent records. The city council may at any time call upon the com- 
mission for a report on any special matter and the commission shall provide 
a full and complete report in keeping with such request. 

1942 Code §7546; 1939 (41) 160. 

§ 47-739. Effect upon powers of city council. 

No clause or provision of this article shall be so construed as to deprive 
the city council of such municipality of its control over the operations of 
the police and fire departments or the right to prescribe and require the 
performance of the duties of the personnel of such departments, nor so as to 
deprive such city council of the right to control the finances and fix the number 
of employees in the departments and the compensation to be paid each and to 
exercise the exclusive right to purchase all equipment and supplies for such 
departments. 

1942 Code §7546; 1939 (41) 160; 1943 (43) 45. 

109 



§ 42-740 Code of Laws of South Carolina § 47-754 

§ 47-740. Article cumulative. 

It is not intended by this article to repeal any existing laws as they may 
affect municipalities of this State, but to extend and enlarge the powers of 
such municipalities as may fall within the population limitations of this article, 
and as may elect to create such civil service commission by appropriate ordi- 
nance. 

1942 Code § 7546; 1939 (41) 160. 

Article 3. 
In Cities of 28,000 to 29,000, 1930 Census. 

§47-751. Creation. 

There is hereby created a civil service commission in every city in this State, 
having a population of not more than twenty-nine thousand and not less than 
twenty-eight thousand at the Federal census of 1930 and having a full paid 
fire department or a fire department and police department having paid 
members. The term "full paid fire department or a fire department having paid 
members" means a fire department the officers and firemen employed in which 
are paid regularly by the city and devote their whole time to fire fighting. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-752. Exceptions in certain cities. 

Section 47-751 shall not operate to create such a commission in any city 
in which a commission having a general jurisdiction over the service of the 
fire department and police department exists which substantially performs the 
same functions and duties and substantially exercises the same powers as those 
conferred upon the civil service commission by this article. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-753. Appointment of members ; term ; salaries. 

There shall be three members of such commission who shall be appointed 
by the person or group of persons who, acting singly or in conjunction, as a 
mayor, city manager, council, common council, commission or otherwise are 
vested by law with power to select, appoint or employ the chief of a fire de- 
partment or police in any such city. The members of this commission shall 
receive a salary not to exceed three hundred dollars per annum. The term of 
office of such commissioners shall be for six years, except that the first three 
members of such commission shall be appointed for different terms, as fol- 
lows : one to serve for a period of two years, one to serve for a period of four 
years and one to serve for a period of six years. Two members of such com- 
mission shall constitute a quorum. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-754. Appointment of commission. 

The duly constituted authorities in each city subject to the provisions of 
this article shall appoint and create a civil service commission as provided for 
in § 47-753 and the failure upon the part of such duly constituted authorities 

110 



§47-755 Municipal Corporations §47-759 

or any of them so to do shall be a violation of this article and shall be pun- 
ishable as such. 

1942 Code § 7547; 1936 (39) 1281. 

§ 47-755. Organization and meetings. 

After appointment the commission shall organize by electing one of its mem- 
bers chairman and shall hold meetings as may be required for the proper 
discharge of their duties. 

1942 Code §754/: 1936 (39) 1281. 

§ 47-756. Rules and regulations. 

Every such civil service commission shall make suitable rules and regula- 
tions not inconsistent with the provisions of this article. Such rules and reg- 
ulations shall provide in detail the manner in which examinations may be 
held. 

1942 Code §7547: 1936 (39) 1281. 

§ 47-757. Employees subject to article. 

The classified civil service subject to the provisions of this article shall in- 
clude all paid employees of the fire department and police department of each 
city coming within the purview of this article, including the chief of those de- 
partments. All appointments to and promotions in such departments shall 
be left to the discretion of the city council and chief of the department, with 
the exception of the office of chief which shall be elected by the city council. 
No person shall be reinstated in, transferred, suspended or discharged from 
any such place, position or employment contrary to the provisions of this 
article. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-758. Offices and employees hereunder ; fixing salaries thereof. 

All offices, places, positions and employments coming within the purview of 
this article shall be created by the person or group of persons who, acting 
singly or in conjunction, as a mayor, city manager, council, common council, 
commission or otherwise are vested by law with power to select, appoint or 
employ any person coming within the purview of this article and nothing 
herein contained shall infringe upon the power of any appointing power to 
fix the salaries and compensation of employees employed hereunder. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-759. Qualifications of applicant. 

An applicant for a position of any kind under civil service must be a citizen 
of the United States of America and an elector of the count}' in which he re- 
sides, who can read and write the English language, and must have been a 
resident of such city for at least one year. He must be of an age of not 
more than thirty-five years and not less than twenty-one years, in ordinary 
good health, of good moral character and of temperate habits, these facts to 
be ascertained in such manner as the commission may deem advisable. 

1942 Code §7547; 1936 (39) 1281. 

Ill 



§ 47-760 Code of Laws of South Carolina § 47-763 

§ 47-760. Competitive tests and eligibility tests. 

Any such commission shall provide for, formulate and hold competitive 
tests to determine the relative qualifications of persons who seek employment 
in any class or position and as a result thereof shall establish eligible lists for 
the various classes of positions. All such tests shall be practical and shall 
consist only of subjects which will fairly determine the capacity of the persons 
examined to perform the duties of the position to which appointment is to be 
made. They may include tests of physical fitness or of manual skill. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-761. Veterans' preference. 

The rules and regulations adopted by the commission shall provide for a 
credit of ten per cent in favor of all applicants for appointment under civil 
service who, in time of war or in any expedition of the armed forces of the 
United States, have served in and been honorably discharged from the armed 
forces of the United States, including the Army, Navy and Marine Corps and 
the American Red Cross. These credits shall apply to entrance examinations 
only. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-762. Liability of employees for political service. 

No person in office, place, position or employment subject to civil service 
is under any obligation to contribute to any political fund or to render any 
political service to any person or party whatsoever and no person shall be 
removed, reduced in grade or salary or otherwise prejudiced for refusing so 
to do. No public officer, whether elected or appointed, shall discharge, pro- 
mote, demote or in any manner change the official rank, employment or com- 
pensation of any person under civil service or promise or threaten so to do for 
giving or withholding or neglecting to make any contribution of money, serv- 
ices or any other valuable thing for any political purpose. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-763. Layoffs and re-employment. 

The rules and regulations of any such commission shall provide that 
men laid off because of curtailment of expenditures, reduction in any part in 
force and for like causes shall be the last man or men, including probationers, 
that have been appointed to the fire department or police. Such removal shall 
be accomplished by suspending in numerical order, commencing with the 
last men appointed to such fire department or police department, all recent 
appointees to such fire department or police department, until the necessary 
reductions shall have been accomplished. In the event such fire department 
or police department shall again be increased in numbers any such firemen and 
policemen suspended under the terms of this section shall be reinstated be- 
fore any new appointments to such fire department or police department shall 
be made. 

1942 Code §7547; 1936 (39) 1281. 

112 



§ 47-764 Municipal Corporations § 47-767 

§47-764. Terms of employment; causes for suspension, demotion, discharge, 
etc. 
The tenure of every one holding an office, place, position or employment 
under the provisions of this article shall be only during good behavior and 
any such person may be removed or discharged, suspended without pay, de- 
moted, reduced in rank or deprived of vacation privileges for any of the fol- 
lowing reasons : 

(1 ) Incompetence, inefficiency or inattention to or dereliction of duty ; 

(2) Dishonesty, intemperance, immoral conduct, insubordination, discourte- 
ous treatment of the public, or a fellow employee, any other act of omission 
or commission tending to injure the public service or any other wilful violation 
of the provisions of this article or the rules and regulations adopted hereunder; 

(3) Conviction of a felony or a misdemeanor involving moral turpitude; or 

(4) Any other act or failure to act which in the judgment of the civil serv- 
ice commissioners is sufficient to show the offender to be unsuitable and an 
unfit person to be employed in the public service. 

1942 Code § 7547; 1936 (39) 1281. 

§ 47-765. Removal, suspension, demotion or discharge. 

No person in the classified civil service who shall have been appointed for 
a period of ten years or inducted into civil service under provisions of this 
article shall be removed, suspended, demoted or discharged except for cause 
and then only upon the written accusation of the appointing power or any 
citizen or taxpayer. A written statement of any such accusation in general 
terms shall be served upon the accused and a duplicate filed with the com- 
mission. The chief of the fire department and the chief of police may suspend 
a member pending the confirmation of the suspension by the regular appoint- 
ing power under this section which must be within three days. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-766. Investigations of such removals, etc., by commission. 

Any person so removed, suspended, demoted or discharged may within ten 
days from the time of his removal, suspension, demotion or discharge file with 
the commission a written demand for an investigation. All investigations 
made by the commission pursuant to the provisions of this section shall be 
by public hearing, after reasonable notice to the accused of the time and place 
of such hearing. At any such hearing the accused shall be afforded an op- 
portunity of appearing in person and by counsel and presenting his defense. 
The investigation shall be confined to the determination of the question of 
whether such removal, suspension, demotion or discharge was or was not 
made for political or religious reasons and was or was not made in good faith 
for cause. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-767. Order of commission after investigation. 

After such investigation the commission may, if in its estimation the evi- 
dence is conclusive, affirm the removal or, if it shall find that the removal, 
[5 SC Code]— 8 113 



§ 47-768 Code of Laws of South Carolina § 47-770 

suspension, demotion or discharge was made for political or religious reasons 
or was not made in good faith for cause, shall order the immediate reinstate- 
ment or reemployment of such person in the office, place, position or employ- 
ment from which such person was removed, suspended, demoted or dis- 
charged. An}' such reinstatement shall, if the commission so provide, in its 
discretion, be retroactive and entitle such person to pay or compensation from 
the time of such removal, suspension, demotion or discharge. The commis- 
sion upon such investigation, in lieu of affirming the removal, suspension, de- 
motion or discharge, may modify the order of removal, suspension, demotion 
or discharge by directing a suspension, without pay, for a given period and 
subsequent restoration of duty or demotion in classification, grade, or pay. 
The findings of the commission shall be certified in writing to the appointing 
power and shall be forthwith enforced by such officer. 
1942 Code §7547; 1936 (39) 1281. 

§ 47-768. Appeals from such orders. 

Any such judgment or order may be appealed from by the accused to the 
court of original and unlimited jurisdiction in civil suits of the county wherein 
he resides. Such appeals shall be taken by serving on the commission, within 
thirty days after the entry of such judgment or order, a written notice of 
appeal, stating the grounds thereof, and a demand that a certified transcript of 
the record and all papers on file in the office of the commission affecting or 
relating to such judgment or order be filed by the commission with such court. 
The commission sh»ll, within ten days after the filing of such notice, make, 
certify and file such transcript with such court. The court shall thereupon 
proceed to hear and determine such appeal in a summary manner. Such 
hearing shall be to the determination of whether the judgment or order of 
removal, discharge, demotion or suspension made by the commission was 
or was not made in good faith for cause and no appeal to such court shall 
be taken except upon such ground or grounds. 

1942 Code §7547; 1936 (39) 1281. 

§ 47-769. Cities to enact legislation to put article in effect. 

The various cities affected by the provisions of this article shall enact ap- 
propriate legislation for carrying this article into effect and the failure upon 
the part of the duly constituted authorities of any such cities so to do shall 
be considered a violation of this article and be punishable as such. 

1942 Code §7547; 1936 (39) 1281. 

§47-770. Civil suits; counsel. 

The commission shall begin and conduct all civil suits which may be nec- 
essary for the proper enforcement of this article and of the rules of the com- 
mission. The commission shall be represented in such suits by the chief legal 
officer of the city, but the commission may in any case be represented by 
special counsel appointed by it. 

1942 Code §7547; 1936 (39) 1281. 

114 [5SCCode] 



§47-771 Municipal Corporations §47-783 

§ 47-771. Commission to carry out provisions of article. 

Each commission appointed pursuant to the provisions of this article shall 
see to it that the provisions hereof are carried into effect. 

1942 Code §7547; 1936 (39) 12S1. 

§47-772. Penalties. 

Any person who shall wilfully violate any of the provisions of this article 
shall be guilty of a misdemeanor and, upon conviction thereof, shall be pun- 
ished by a fine of not less than one hundred dollars nor more than one thousand 
dollars or by imprisonment in the county jail for not longer than one year or by 
both such fine and imprisonment. The court of original and unlimited juris- 
diction in civil suits shall have jurisdiction of all such offenses. 

1942 Code §7547; 1936 (39) 1281. 

Article 4. 

In Cities of Over 70,000, 1940 Census. 
§47-781. Creation. 

There is hereby created in every municipality in this State, operating under 
the mayor-council form of government and having a population in excess of 
seventy thousand according to the 1940 United States official census, a civil 
service commission, which is to be composed of three persons, to be known 
as the civil service commission of such municipality, nominated by the mayor 
of such municipality and confirmed by the city council of such municipality. 

1943 (45) 1938. 

§ 47-782. Term and qualifications of members. 

The commissioners shall have such tenure of office and possess such quali- 
fications as shall by ordinance be prescribed by the city council and their 
successors in office shall be nominated and confirmed in the manner herein 
provided for such term and period of years as the city council by ordinance 
shall provide. The members of the commission shall be citizens of the munici- 
pality and shall be sympathetic with the application of merit principles to pub- 
lic employment. No member of the commission shall hold or be a candidate 
for any elective or appointive public office nor shall he be an employee of any 
political subdivision. 

1948 (45) 1938. 

§ 47-783. Commission as personnel agency. 

The civil service commission shall be the agency, entity and instrumentality 
charged with the duty and empowered with the authority to enforce, admin- 
ister and carry out the ordinances and enactments of the city council of such 
municipality in respect to the conditions of employment of the municipal em- 
ployees of such municipality in accordance with the authorization, ordinances 
and enactments in respect thereto, as herein authorized. 

194S (45) 1938. 

115 



§ 47-784 



Code of Laws of South Carolina 



§ 47-784 



§ 47-784. System of personnel administration for such cities. 

The city council of every municipality in this State operating under the 
mayor-council form of government, and having a population in excess of 
seventy thousand according to the 1940 United States official census may, in 
addition to exercising the powers conferred by the charter of the city and 
by the statutory laws of this State, make, ordain and establish all such rules, 
by-laws, regulations and ordinances respecting the establishing of a system of 
personnel administration based on merit principles and scientific methods gov- 
erning the appointment, promotion, transfer, lay-off, removal and discipline of 
its officers and employees and other incidents of municipal employment as 
shall appear to such municipality necessary and proper for the inauguration, 
operation, regulation and maintenance of a system of civil service for em- 
ployees within such municipality. 

1948 (45) 1938. 



CHAPTER 8. 
Financial Matters Generally. 



Article 1. 

General Provisions. 
Sec. 

47-802. Conditions requisite to creating 
debts, etc., in cities over 45,000. 

47-803. Same; exceptions. 

47-804. No municipal officer may contract 
with municipality; exceptions. 

47-805. Officers to account for interest. 

47-806. Blank. 

47-807. Towns over two hundred to pub- 
lish financial statements. 

47-808. Same; provisions inapplicable in 
certain counties. 

47-809. Publication of municipal accounts 
in Beaufort County. 

Article 2. 
Taxation Generally. 

47-821. Property subject to municipal taxes. 

47-822. Taxes may be collected in install- 
ments. 

47-823. Proceeds of tax specially levied not 
to be applied for other purposes. 

Article 3. 

The Municipal Bond Act. 

47-831. Short title. 
47-832. Definitions. 
47-833. Purpose of article. 
47-834. Municipal council may issue bonds; 
extent of issue. 



Sec. 

47-835. 
47-836. 
47-837. 
47-838. 
47-839. 
47-840. 
47-841. 
47-842. 

47-843. 

47-844. 
47-845. 
47-846. 
47-S47. 
47-848. 
47-849. 
47-S50. 

47-851. 

47-852. 
47-853. 
47-854. 
47-855. 
47-856. 

47-857. 
47-858. 
47-859. 

47-860. 



Petition for election on issuance. 

Notice of filing of petition. 

Action on petition. 

When election to be held. 

Notice of the election. 

Voters qualified. 

Ballots. 

Declaration of result of election; 
effect when filed. 

When bonds may be issued; one or 
more issues. 

Maturity of bonds. 

Redemption privilege. 

Negotiability; registration. 

Place of payment. 

Interest rate. 

Execution of bonds. 

Pledge of credit for payment and 
tax therefor. 

Additional pledge of utility rev- 
enues. 

Covenants permissible in such case. 

Sale of bonds. 

Minimum sale price. 

Deposit and use of proceeds. 

Bonds legal investments for fidu- 
ciaries. 

Exemption from taxes. 

Use of bonds in payment of taxes. 

Holder may require levying of taxes 
and enforce covenants. 

Diversion of any payment of funds; 
penalties. 



116 



§ 47-802 



Municipal Corporations 



§ 47-802 



Article 4. 

The Paving Bond Act. 
Sec. 

47-S60.1. Short title. 

47-860.2. Definitions. 

47-860.3. Purpose of article. 

47-860.4. When paving bonds may be is- 
sued; amount thereof. 

47-860.5. Maturities of bonds. 

47-860.6. Redemption privilege. 

47-860.7. Denominations of bonds. 

47-860.8. Coupons, registrations and nego- 
tiability. 

47-860.9. Place of payment. 

47-860.10. Interest rates. 

47-860.11. Execution of bonds. 

47-860.12. Exemption from taxes. 

47-S60.13. Sale of bonds. 

47-860.14. Minimum sale price. 

47-860.15. Deposit and use of proceeds. 

47-860.16. Bonds legal investments for 
fiduciaries, etc. 

47-860.17. Use to pay taxes. 

47-860.18. Credit pledged for payment; levy 

of taxes to pay. 
47-860.19. Use and pledge of assessments 

collected. 
47-860.20. Holder may require levying of 

taxes and enforce covenants. 

Article 5. 
Bond Commission of the City of Aiken. 

47-8S1. Established. 

47-S82. Commissioners; appointments, 

terms, vacancies and oath. 

47-S83. Chairman and secretary and treas- 
urer. 

47-8S4. Compensation; bond of secretary 
and treasurer. 

47-885. Removal of commissioner or secre- 
tary and treasurer. 

47-886. Attorney. 

47-887. Meetings; minutes and other rec- 
ords. 

47-888. Rules and regulations. 

47-889. Sale of bonds and deposit of pro- 
ceeds. 

47-890. Disbursement of such proceeds. 

47-891. Record of bonds outstanding. 



Sec. 

47-892. City officials to furnish information 

to commission. 
47-893. City to turn over sinking fund 

moneys. 
47-894. Investment of funds. 
47-S95. Same; lending money to city. 
47-896. Securities, etc., to be kept in safe 

place. 
47-897. Payment of bonds. 
47-898. Checks and warrants. 
47-899. Reports of commission. 
47-900. City to pay operating expenses. 
47-901. Violations of article; penalties. 

Article 6. 

Sinking Fund Commission in Anderson. 

47-911. Members, election and terms. 

47-912. Qualifications. 

47-913. Bond and oaths. 

47-914. Removal of members; vacancies. 

47-915. Officers; compensation. 

47-916. Rules and regulations; meetings. 

47-917. Management and control of sinking 

funds. 
47-918. Records; office; expenses. 

Article 7. 
Bennettsville Sinking Fund Commission. 
47-931. Establishment and function. 

Article 8. 
Greenville Sinking Fund Commission. 

47-941. Establishment and number of mem- 
bers. 

47-942. Election of members. 

47-943. Who eligible as members. 

47-944. Terms of members: removal. 

47-945. Filling of vacancies. 

47-946. Members serve without compensa- 
tion; penalty for refusal to serve. 

47-947. Bond, oath and officers; meetings. 

47-948. Rules of commission. 

47-949. Record; office; expenses. 

47-950. Deposit of sinking funds. 

47-951. Withdrawal and investment of such 
funds. 

47-952. Fund set aside for payment of 
bonds. 



Article 1. 

General Provisions. 

§ 47-802. Conditions requisite to creating debts, etc., in cities over 45,000. 

No city council of any city of over forty-five thousand inhabitants shall 
create any debt beyond the municipal income of the current year or endorse 
or guarantee the notes, bonds or obligations or accept the drafts of any person 

117 



§ 47-803 Code of Laws of South Carolina § 47-804 

for any purpose whatsoever, unless the following terms and conditions be 
first observed and complied with: 

(1) A resolution declaring the intention of the city council to create such 
indebtedness or incur such liability and specifying the amount thereof shall 
first have been passed at a regular meeting of the city council by a vote of two- 
thirds of the whole body ; 

(2) The proposition, after being adopted in such manner by the city coun- 
cil, shall have been submitted to the qualified voters of the city at an election 
held under resolution of the city council after ninety days' notice thereof and 
two-thirds of the number of qualified voters voting at such election shall have 
voted affirmatively ; and 

(3) The proposition shall have been submitted to the General Assembly 

for approval and approved by the General Assembly. 

1942 Code §7552; 1932 Code §7530; Civ. C. '21 §4644; Civ. C. '12 §2959; Civ. C. '02 
§ 1993; 1899 (23) 51. 

Constitutionality. — Duncan v. Charleston, 
60 S. C. 532, 39 S. E. 265 (1901). 

§47-803. Same; exceptions. 

Nothing in § 47-802 contained shall apply to any debt contracted or to any 
note, bond, draft or obligation executed, indorsed or guaranteed by the city 
council of such city and approved and confirmed by a two-thirds vote of the 
whole of such city council, at a regular meeting thereof, for the purpose of 
(a) the establishment of a sewerage system, (b) securing a supply of water 
or light for its public use, by contract or (c) the lease, purchase, construction 
or operation by the city council of any plant for waterworks or lighting pur- 
poses, one or both. For any of such purposes the city council may create debts 
and incur liabilities beyond the municipal income of the current year, upon 
the same being approved and confirmed by a two-thirds vote of the whole 
of the city council at a regular meeting thereof. But no purchase or construc- 
tion of any such plant for waterworks or lighting purposes shall be made by 
the city council except upon a majority vote of the electors in such city who 
are qualified to vote on the bonded indebtedness of the city. 

1942 Code §7552; 1932 Code §7530; Civ. C. '22 §4644; Civ. C. '12 §2959; Civ. C. '02 
§1993; 1899 (23) 51. 

§ 47-804. No municipal officer may contract with municipality; exceptions. 

No municipal officer shall take a contract to perform work or furnish mate- 
rial for the municipal corporation of which he is an officer and no such officer 
shall receive any compensation on any such contract except that : 

(1) In cities of over thirty thousand inhabitants such contracts may be 
allowed by the unanimous vote of the city council upon each specific contract, 
such vote to be taken by yeas and nays and entered upon the council's journal; 
and 

(2) Any municipal officer may enter into such a contract whenever the 
contract is awarded to him as low bidder after a public call for bids and such 
contract be allowed by the unanimous vote of the city or town council upon 

US 



§47-805 Municipal Corporations §47-821 

each particular contract, such vote to be taken by yeas and nays and entered 
upon the council's minutes. 

Any person violating the provisions of this section shall be guilty of a 
misdemeanor and, upon conviction thereof, shall be punished by fine or im- 
prisonment, in the discretion of the court before whom such conviction is had. 

1942 Code §§1516, 7242; 1932 Code §1516, 7242; Civ. C. '22 §4397; Cr. C. '22 §464; 
Civ. C. '12 §2999; Cr. C. '12 §304; Civ. C. '02 §2002; Cr. C. '02 §224; 1900 (23) 455; 1946 
(44) 1418. 

§ 47-805. Officers to account for interest. 

All municipal officers depositing funds at interest in any bank or other de- 
pository shall account to the municipality for all interest collected on such 
deposits. Any violation of this section shall be a misdemeanor, punishable 
by fine or imprisonment, in the discretion of the court. 

1942 Code § 1577; 1932 Code § 1577; Cr. C. '22 § 530; 1915 (29) 56. 

§47-806. Blank. 

§ 47-807. Towns over two hundred to publish financial statements. 

All towns in this State of more than two hundred population shall keep an 
itemized account of all receipts and disbursements and shall publish quarterly 
statements of such accounts in some newspaper in the county in which such 
town is situated or shall post such quarterly statements at some conspicuous 
place or places in the town. 

1942 Code §7243; 1932 Code §7243; Civ. C. '22 §4393; 1912 (27) 817; 1933 (3S) 163. 

§ 47-808. Same ; provisions inapplicable in certain counties. 

The provisions of § 47-S07 shall not apply to the counties of Abbeville, Aiken, 
Georgctozvn, Hampton, Marion, Marlboro, Ncivberry, Richland, Spartanburg and 
Sumter. 

1942 Code §7243; 1932 Code §7243; Civ. C. §4398; 1912 (27) 817; 1933 (3S) 163. 

§ 47-809. Publication of municipal accounts in Beaufort County. 

In Beaufort County municipal corporations shall be required to publish 
itemized accounts of all receipts and disbursements once in every calendar 
year. 

1942 Code §7243; 1932 Code §7243; Civ. C. '22 4398; 1912 (27) 817; 1933 (38) 163. 

Article 2. 

Taxation Generally. 

§ 47-821. Property subject to municipal taxes. 

All municipal taxes levied by cities and towns in this State shall be levied 
on all property, real and personal, not exempt by law from taxation, situate 
within the limits of such cities and towns and in accordance with section 6, 
article 8 of the Constitution of 1895. 

119 



§ 47-822 Code of Laws of South Carolina § 47-831 

All clauses of charters of cities or towns restricting taxation in such cities 

or towns to real estate only are hereby repealed. 

1942 Code §7265; 1932 Code §7265; Civ. C. '22 §4420; Civ. C. '12 §3011; Civ. C. '02 
§2006; 1897 (22) 409. 

This section is intended to secure uni- Central P. R. Co. v. Columbia, 54 S. C. 266, 
formity in taxation of property. Florida 32 S. E. 408 (1899). 

§ 47-822. Taxes may be collected in installments. 

The cities and towns of this State may collect the taxes of such cities or 
towns in such installments as the municipal authorities thereof may by or- 
dinance prescribe. 

1942 Code §7266; 1932 Code §7266; Civ. C. '22 §4421; Civ. C. '12 §3012; Civ. C. '02 

§2007; 1898 (22) 728. 

§ 47-823. Proceeds of tax specially levied not to be applied for other pur- 
poses. 

Whenever a municipal corporation shall levy and collect a tax for any spe- 
cific purpose, it shall be unlawful for the officers or agents of such munici- 
pal corporation to apply any of the proceeds of such tax levy to any other 
purpose than that for which it was collected, until such purpose shall have 
been discharged, fulfilled or abandoned. Any municipal officer or agent vio- 
lating the provisions of this section shall be fined in a sum of not less than 
five hundred dollars or imprisoned not less than six months or both, in the 
discretion of the judge. 

1942 Code § 1509; 1932 Code § 1509; Cr. C. '22 §458; Cr. C. '12 § 533; 1909 (26) 124. 

Article 3. 

The Municipal Bond Act. 

§47-831. Short title. 

This article may be cited as the "Municipal Bond Act". 
1951 (47) 771. 

I. General Consideration. evidently for the express purpose of chang- 

II. Application of Section. ing the rule declared in such cases. At 

any rate § 59-481 does have that effect, for 
I. GENERAL CONSIDERATION. it is plain that all three purposes> water- 
Submission of purposes of bond issue.— works, lighting plants, and sewerage sys- 
In Herbert v. Griffith. 99 S. C. 1, 82 S. E. terns are tied together, whereas under form- 
986 (1914), the court declared: "The vari- mer provisions of the Code waterworks 
ous purposes for which bonds may be is- plants and sewerage systems were provid- 
sued are stated in the alternative, which ed for under entirely different sections, 
indicates that, to the legislative mind, they The court in Harby v. Jennings, 112 S. C. 
are susceptible of separate and independent 479, 101 S. E. 649 (1919), discussing this 
consideration. It must not be inferred section, declared that it would have no rea- 
from this that each of these alternative pur- sonable meaning unless it is rated through- 
poses must necessarily be submitted sep- out as an act intended to leave munieipal- 
arately." However, the court decided that ities which desire to acquire any of the 
a separate submission was necessary in public utilities named as free as possible 
that case under the statutes considered in from all restraints in connection therewith, 
accordance with the rule as laid down in except such as are imposed by the Consti- 
cases decided prior to the general statute, tution itself. Waits v. Ninety-Six, 154 S. 
now §59-481, which was enacted in 1918 C. 350, 151 S. E. 576 (1930). 

120 



§ 47-832 



Municipal Corporations 



§ 47-833 



For additional related cases, as to ef- 
fect of constitutional amendment of 1901 
to S. C. Const., Art. 8, § 7. see Bray v. 
Florence, 62 S. C. 57, 39 S. E. 810 (1901); 
as to limitation of indebtedness of city of 
Greenville, see Paris Mt. Water Co. v. 
Greenville, 105 S. C. 180, 89 S. E. 669 
(1916); Paris Mt. Water Co. v. Greenville, 
110 S. C. 36, 96 S. E. 545 (1918); as to 
bonds sustained under this section, see 
McWhirter v. Newberry, 47 S. C. 418, 25 
S. E. 216 (1896). 

Applied in Harbv v. Jennings, 112 S. C. 
479. 101 S. E. 649 (1919); Dillingham v. 
Spartanburg, 75 S. C. 549, 56 S. E. 381 
(1907). 

Cited in Bethea v. Dillon, 91 S. C. 413, 
74 S. E. 983 (1912); Simons v. Charleston, 
181 S. C. 353, 187 S. E. 545 (1936). 

II. APPLICATION OF SECTION. 

Bonds running longer than corporate 
life of town. — A town may issue bonds for 
school purpose running for longer time 
than corporate life of town, and if town 
later becomes incorporated under general 
law, such fact will not affect validity of 
bonds. Black v. Fishburne, 84 S. C. 451, 
66 S. E. 681 (1910). 

Enlarging waterworks system. — Act of 
March 9, 1896, is intended to apply to cities 
which already have waterworks system, 



but which desire to enlarge it. At elec- 
tion for issue of bonds for enlarging sys- 
tem already installed, there need not be 
elected commissioners of public works. 
Seegers v. Gibbes, 72 S. C. 532, 52 S. E. 
586 (1905). 

Erecting schoolhouse. — A town incorpo- 
rated under act of 1896 (22 Stat. 67) has 
power under this section to issue bonds 
for erecting schoolhouse within municipal- 
ity, although school will be controlled by 
usual school authorities. Allen v. Adams, 
66 S. C. 344, 44 S. E. 938 (1903). 

Lighting public streets. — Under this sec- 
tion a town council was authorized upon 
petition to submit to the electors the ques- 
tion whether the council should contract 
for the lighting of public streets and build- 
ings. Fowler v. Fountain Inn, 90 S. C. 352, 
73 S. E. 626 (1912). 

Purchase of waterworks plant. — This 
section confers on municipalities power to 
vote bonds for purchase of waterworks 
plant. Dick v. Scarborough, 73 S. C. 150, 
53 S. E. 86 (1905). 

Acquiring recreation center and pool. — 
A recreation center and a swimming pool 
are for public or corporate purposes and, 
therefore, are purposes for which taxes may 
be levied or indebtedness incurred. Mar- 
shall v. Rose, 213 S. C. 428, 49 S. E. (2d) 
720 (1948). 



§47-832. Definitions. 

As used in this article: 

(1) The word "municipality" shall mean an incorporated city or town, ir- 
respective of its population ; 

(2) The term "municipal council" shall mean the governing body of any in- 
corporated city or town ; 

(3) The term, "corporate purpose" shall denote any public purpose, neces- 
sary or convenient to the welfare .of the municipality and shall include the 
funding of existing indebtedness, evidenced otherwise than by bonds of the 
municipality ; and 

(4) The word "commissioners" shall mean the commissioners of public works 
or the board of public works or other body established by law and given the 
power of operating any waterworks system, electric light system, sewerage 
system or other municipal utility. 

1951 (47) 771. 

§ 47-833. Purpose of article. 

This article is designed to authorize the issuance of general obligation 
bonds by the several incorporated cities and towns of this State and to pro- 
vide the procedure for the issuance and the method for the payment of such 
bonds for all corporate purposes for which the municipal corporations shall 
be empowered to issue bonds, except 

121 



§ 47-834 



Code of Laws of South Carolina 



§ 47-835 



(1) Bonds issued to refund other bonds ; and 

(2) Bonds issued in anticipation of the collection of unpaid paving assess- 
ments due such municipalities. 

1951 (47) 771. 



§ 47-334. Municipal council may issue bonds ; extent of issue. 

The municipal council of any municipality may issue general obligation 
bonds of such municipality for any corporate purpose of such municipality to 
any amount not exceeding the constitutional debt limitation applicable, if 
such there be, under the conditions prescribed by this article. 

1951 (47) 771. 



Editor's note. — The following annota- 
tions construe a former section of the 
1942 Code similar to this section. 

Section is directory only. — This section 
which provides for notice of elections is 
directory and not mandatory. Any method 
of giving notice of the election which could 
reasonably be held to have served the 
purpose for which the notice is intended 
would, as a matter of law, be held sufficient. 
Phillips v. Rock Hill, 1S8 S. C. 140, 198 
S. E. 604 (1938). 

City lacks intrinsic power to issue bonds. 
— Under the Constitution and statutes of 
this State, there is no authority in a city 
council, under its own powers, to issue 
bonds. Eolton v. Wharton, 163 S. C. 242, 
161 S. E. 454 (1931). 

Only bonds and tax anticipation notes 
are issued. — Municipal corporations may 
not issue an>' evidence of indebtedness, 
except bonds and tax anticipation notes. 
Bolton v. Wharton, 163 S. C. 242, 161 S. 
E. 454 (1931). 

"Bond" distinguished from "tax anticipa- 
tion note." — "Municipal bond" represents 
primary obligation to payment of which 
general credit of municipality is pledged, 
whereas "tax anticipation note" is merely 
obligation pavable from particular fund. 
Bolton v. Wharton, 163 S. C. 242, 161 S. 
E. 454 (1931). 

Bonds are void if not authorized by elec- 



tion. — Renewal note of town under seal 
and in form of bond, pledging full faith 
and credit of town for payment thereof as 
well as current taxes, held "bonded debt" 
rather than "tax anticipation note," and 
hence void where not authorized by elec- 
tion. Tarver v. Tohnston, 173 S. C. 333, ■ 
175 S. E. 821 (1934). 

Test of election's invalidity for lack of 
notice. — The test for determining whether 
an election is invalidated for want of no- 
tice prescribed by this section is whether 
the voters have had knowledge of the elec- 
tion and full opportunitv to express their 
will. Phillips v. Rock Hill, 188 S. C. 140, 
198 S. E. 604 (193S). 

Notice in compliance with section. — For 
a case where the court held that publica- 
tion of the notice and the news items at 
the instance of the city officials substan- 
tially complied with the intent of this sec- 
tion, and that, for the purposes of the elec- 
tion, good and sufficient notice was given 
to all qualified electors of the city, see Phil- 
lips v. Rock Hill, 188 S. C. 140. 198 S. E. 
604 (1938). 

Municipality's notes under seal held 
"bonds." — Bolton v. Wharton, 163 S. C. 
242, 161 S. E. 454 (1931). 

Applied in Luther v. Wheeler, 73 S. C. 
83, 52 S. E. 874 (1905). 

Cited in Sullivan v. Charleston, 133 S. C. 
1S9, 130 S. E. 876, 133 S. E. 340 (1925). 



§ 47-835. Petition for election on issuance. 

Unless exempted in whole or in part from the following requirement by rea- 
son of a special constitutional amendment, there shall be filed with the munic- 
ipal council a petition signed by a majority of the freeholders of such munic- 
ipality, as shown by its tax books, petitioning the municipal council to hold 
an election of the sort provided for by the constitution of the State upon the 
question of issuing bonds of the municipality. The petition shall set forth the 
amount of bonds sought to be issued and the purpose or purposes for which 
the proceeds thereof are to be expended. Each purpose shall be separately 
enumerated, except that a proposed bond issue for water and sewer purposes 

122 



§ 47-836 Municipal Corporations § 47-839 

may be combined. The filing of such petition shall be a condition precedent to 
the holding of the election provided for by this article. 
1951 (47) 771. 

§ 47-836. Notice of filing of petition. 

Upon the filing of such a petition the municipal council shall give notice that 
it has been filed and will be open for public inspection on all secular days 
during the week following the publication of the notice and that action will 
be taken on the petition on some occasion specified in such notice not sooner 
than ten days following the occasion when the notice shall be published. 
Such notice shall be published in some newspaper having general circulation 
in the municipality. 

1951 (47) 771. 

Applied in Black v. Fisliburne, S4 S. C. 
451, 66 S. E. 6S1 (1910); Seegers v. Gibbes, 
72 S. C. 532, 52 S. E. 586 (1905). 

§ 47-837. Action on petition. 

Upon the occasion fixed in the notice a meeting of the municipal council 
shall be held for the purpose of determining the sufficiency of the petition 
and action thereon shall be taken at such meeting or some adjournment there- 
of. If the municipal council shall find : 

(1) That the petition is signed by a majority of the freeholders of the mu- 
ipality ; and 

(2) That it seeks the issuance of bonds for corporate purposes of the munic- 
ipality ; and 

(3) That it seeks the issuance of bonds in an amount not prohibited by any 
constitutional limitation 

The municipal council shall order such an election. 
1951 (47) 771. 

§ 47-838. When election to be held. 

Such election shall be held not sooner than twenty days from the occasion 
on which the election shall be ordered. 
1951 (47) 771. 

Use of income for cost of project. — As to project, see Simons v. Charleston, 1S1 S. C. 
municipality's right to use income from 353, 187 S. E. 545 (1936). 
revenue-raising project to meet cost of such 

§ 47-839. Notice of the election. 

Notice of the holding of the election shall be published in some newspaper 
having general circulation in the municipality on not less than two occasions. 
The first publication shall appear not less than fifteen days prior to the occa- 
sion of the holding of the election and the second publication shall appear 
within the week prior to the election. Such notice shall specify : 

( 1 ) The time of the holding of the election ; 

(2) The location of the several polling places ; 

123 



§ 47-840 Code of Laws of South Carolina § 47-843 

(3) The qualifications imposed upon persons desirous of voting; 

(4) The amount of bonds to be issued ; and 

(5) A brief description of the purposes for which the proceeds of the bonds 
are to be applied. 

1951 (47) 771. 

§ 47-840. Voters qualified. 

Only those persons, residents of the municipality, qualified under the ap- 
plicable constitutional provisions to vote in such elections shall be entitled to 
vote. 

1951 (47) 771. 

§47-841. Ballots. 

The form of ballot shall seek an answer to the question or questions as 
to whether the municipal council of the municipality shall be empowered to 
issue general obligation bonds of such municipality for the purpose specified 
in the petition. The question thus presented shall be followed with the words 
"YES" and "NO" and instructions shall appear on such ballot that those who 
wish the issuance of bonds shall strike through the word "NO" while those 
who oppose the issuance of bonds shall strike through the word "YES". As 
many questions may be submitted on a single ballot as there are purposes for 
which bonds are sought to be issued in the petition, but each question shall 
be separately stated, except that when bonds are sought to be issued for 
water and sewer purposes those questions may be combined. If more than 
one question appears on the ballot the instructions shall make it clear to all 
voters that they may vote for one or more proposals and against the others 
or that they may vote for one or more proposals and not vote for or against 
the others. 

1951 (47) 771. 

§ 47-842. Declaration of result of election ; effect when filed. 

Upon the receipt of the returns of the election the municipal council shall 
by resolution declare the results thereof. It may then provide for the filing 
of a certified copy of such resolution declaring the results of the election in 
the office of the clerk of court for the county wherein the municipality is 
located. In such event the results of the election, as declared by resolution 
of the municipality so certified and filed, shall not be open to question except 
by a suit or other proceeding instituted within thirty days from the date of the 
filing thereof. 

1951 (47) 771. 

§ 47-843. When bonds may be issued; one or more issues. 

The bonds authorized as a consequence of the favorable result of such an 
election may be issued either as a single issue or from time to time as several 
separate issues, but no bonds shall be issued subsequent to three years follow- 
ing the occasion on which the election was held. 

1951 (47) 771. 

124 



§ 47-844 Municipal Corporations § 47-848 

§ 47-844. Maturity of bonds. 

Bonds issued hereunder shall mature in such annual series or instalments, 
equal or unequal in amount, as the municipal council shall provide, except 
that: 

(1) The first maturing bonds shall mature within five years from the date 
as of which they are issued ; 

(2) Not less than two per cent of the aggregate of the issue shall mature 
in any year ; and 

(3) No bonds shall mature later than forty years from the date as of which 
they are issued. 

1951 (47) 771. 

§ 47-845. Redemption privilege. 

All bonds maturing subsequent to fifteen years from their date shall be 
subject to redemption not later than fifteen years from their date and on all 
subsequent interest payment dates prior to their respective maturities. Bonds 
may be issued with a provision permitting their redemption on any interest 
payment date prior to their respective maturities. Bonds made subject to 
redemption prior to their stated maturities may contain a provision requiring 
the municipality to pay a premium for the privilege of exercising the right of 
redemption, in such amount as the municipal council shall have prescribed 
in the proceedings taken to authorize the issuance of such bonds. All bonds 
that are subject to redemption shall contain a statement to that effect on the 
face of each bond. In the proceedings authorizing the issuance of such bonds, 
provision shall be made specifying the manner of call and the notice thereof 
that must be given. 

1951 (47) 771. 

§ 47-846. Negotiability ; registration. 

Bonds issued hereunder shall be in the form of negotiable coupon bonds, 
payable to bearer, with the privilege to the holder of having them registered 
on the books of the treasurer of the municipality and the principal thus made 
payable to the registered holder (unless the last registered transfer shall have 
been to bearer) upon such conditions as the municipal council may prescribe. 
Unless registered such bonds shall have all the qualities of negotiable instru- 
ments under the law merchant and the negotiable instruments law. 

1951 (47) 771. 

§ 47-847. Place of payment. 

Such bonds shall be made payable at such place or places, within or without 
the State as the municipal council shall provide. 

1951 (47) 771. 

§47-848. Interest rate. 

The bonds shall bear interest at the rate or rates to be named by the munic- 
ipal council. 
1951 (47) 771. 

125 



§ 47-849 Code of Laws of South Carolina § 47-852 

§ 47-849. Execution of bonds. 

Such bonds and the coupons annexed thereto shall be executed in the man- 
ner provided for by the municipal council. 

1951 (47) 771. 

§ 47-850. Pledge of credit for payment and tax therefor. 

For the payment of the principal and interest of the bonds as they respec- 
tively mature and for the creation of a sinking fund to aid in the retirement 
and payment thereof the full faith, credit and taxing power of the municipality 
shall be irrevocably pledged and there shall be levied and collected annually 
upon all taxable property in the municipality an ad valorem tax, without lim- 
itation as to rate or amount, sufficient for such purposes. 

1951 (47) 771. 

§ 47-851. Additional pledge of utility revenues. 

The municipal council may, in its discretion, additionally secure bonds by 
a pledge of the net revenues which it may derive from any municipally owned 
public utility. In making a pledge of such revenues the municipality may 
reserve the right to place other bonds, general obligation or revenue, on a 
parity with the bonds additionally secured in the manner provided for by this 
section. 

If the net revenues of any municipally owned untility shall be pledged and 
such utility shall be under the management of commissioners, the commis- 
sioners shall give their consent to the issuance of bonds and to the pledge 
and covenants securing them. 

1951 (47) 771. 

Section is constitutional. — This section of refund outstanding maturing bonds without 

the Code does not violate or contravene any submitting question to qualified electors of 

provision of the Constitution. Williams v. citv, when so authorized bv its charter. Jor- 

Rock Hill, 177 S. C. 82, 180 S. E. 799 (1935). dan v. Greenville, 79 S. C. 436, 60 S. E. 

Refunding outstanding maturing bonds 973 (1908). See also, Thackston v. Good- 

without election.— City may issue bonds to win, 79 S. C. 396. 60 S. E. 969 (1908). 

§ 47-852. Covenants permissible in such case. 

If revenues are pledged pursuant to the provisions of § 47-S51 the munic- 
ipality may covenant and agree : 

(1) That the schedule of rates and charges for the services rendered by 
the utility shall be designed at all times to produce not less than the amount 
needed to discharge the covenants and obligations undertaken by the munic- 
ipality in the proceedings authorizing the issuance of such bonds ; 

(2) That it will operate the utility in an efficient and economical manner ; 

(3) That it will segregate the revenues therefrom into funds designed to: 
(a) operate and maintain the utility, (b) pay the principal and interest of 
the bonds secured by such pledge, (c) establish a cushion or reserve fund to 
insure the timely payment of such principal and interest and (d) provide for 
contingencies and for depreciation ; and 

(4) That upon its failure to pay any instalment of interest or principal as 
it becomes due and payable or to observe the covenants and obligations under- 

126 



§ 47-853 Municipal Corpokations § 47-357 

taken in issuing the bonds any court having jurisdiction thereof may appoint 
a receiver to operate and administer such utility. 
1951 (47) 771. 

Section is constitutional. — This section of Refunding outstanding maturing bonds 

the Code does not violate or contravene any without election. — See note to § 47-851. 

provision of the Constitution. Williams v. Cited in Thackston v. Goodwin, 79 S. C. 

Rock Hill, 177 S. C. 82, 180 S. E. 799 396, 60 S. E. 969 (190S). 
(1935). 

§47-853. Sale of bonds. 

Bonds issued hereunder shall be sold at public sale, after advertisement of 
the sale in a newspaper having general circulation in the State or in a financial 
publication published in the city of New York or. in the discretion of the 
municipal council, in both such publications. Such advertisement shall ap- 
pear not less than ten days prior to the occasion set for such sale. The bonds 
may be disposed of at private sale if there are no bids received or if all bids 
are rejected. The provisions of this section shall not prevent a sale at private 
sale to the United States of America or any agency thereof. 

1951 (47) 771. 

As to issuance of bonds beyond corporate ton, 77 S. C. 260, 57 S. E. S62 (1907) ; 
life of city, see Black v. Fishburne, S4 S. C. McCreight v. Camden, 49 S. C. 7S, 26 S. 
451, 66 S. E. 681 (1910); Buist v. Charles- E. 984 (1897). 

§ 47-854. Minimum sale price. 

Such bonds must be sold at a price of not less than par and accrued interest 
to the date of delivery. 

1951 (47) 771. 

§ 47-855. Deposit and use of proceeds. 

The proceeds derived from the sale of any such bonds shall be deposited 
in a special fund, separate and distinct from all other funds, and applied solely 
to the purposes for which the bonds are issued, except that the premium, if 
any, shall be placed in the sinking fund established by § 47-850 and the accrued 
interest, if any, shall be used to discharge in part the first interest to become 
due on such bonds. Should any surplus remain it shall be deposited in the 
sinking fund required by the provisions of § 47-850 to be established for the 
payment of the bonds. 

1951 (47) 771. 

§ 47-856. Bonds legal investments for fiduciaries. 

It shall be lawful for all executors, administrators, guardians, committees 
and other fiduciaries and all sinking fund commissions to invest any moneys in 
their hands in bonds issued under this article. 

1951 (47) 771. 

§ 47-857. Exemption from taxes. 

Bonds issued under this article shall be exempt from all State, count}-, 
municipal, school district and other taxes or assessments, direct or indirect, 

127 









§ 47-858 Code of Laws of South Carolina § 47-860.2 

general or special, whether imposed for the purpose of general revenue 
or otherwise. 

1951 (47) 771. 

§ 47-858. Use of bonds in payment of taxes. 

The municipal council may provide in the proceedings taken in connection 
with the issuance of bonds that the bonds or the coupons, either or both, 
shall be receivable for taxes due to the municipality during the years in 
which they respectively mature. 

1951 (47) 771. 

§ 47-859. Holder may require levying of taxes and enforce covenants. 

If the municipal council shall fail to levy the taxes required to be levied or 
to perform the covenants undertaken in the issuance of the bonds, any holder 
of any of the bonds or coupons may require the levy of taxes and enforce the 
performance of the covenants by mandamus in any of the courts of this State. 

1951 (47) 771. 

§ 47-860. Diversion of and payment of funds ; penalties. 

Any member of any municipal council or any commissioner who shall vote 
to divert money applicable to the payment of principal or interest of bonds 
or to the sinking fund or cushion fund for them and any disbursing officer 
who shall pay out any moneys applicable thereto, whether or not such pay- 
ment has been ordered by the municipal council, the commissioners or any 
officer or agent of either, shall be guilty of a misdemeanor and shall be pun- 
ished by imprisonment for a term of not less than thirty days nor more than 
one year and by a fine of not less than two hundred dollars nor more than 
five hundred dollars, either or both, within the discretion of the court. 

1951 (47) 771. 

Article 4. 
The Paving Bond Act. 

§47-860.1. Short title. 

This article shall be cited as the "Paving Bond Act." 
1951 (47) 767. 

§ 47-860.2. Definitions. 

As used in this article : 

(1) The word "municipality" shall mean an incorporated city or town, irre- 
spective of its population ; 

(2) The term "municipal council" shall mean the governing body of any in- 
corporated city or town ; and 

(3) The word "assessments" shall denote such sums as may be due to the 
municipality by reason of improvements to streets and sidewalks, in the 
nature of roadway paving, sidewalk paving, the installation of curbs, the in- 
stallation of gutters, the installation of storm drains or sewers, the paving 

128 



§ 47-860.3 Municipal Corporations § 47-860.6 

of sidewalk or roadway intersections, street lighting or any other improvement 
for which such municipality shall be authorized to pay, in whole or in part, 
through the means of assessments against the real property benefited thereby. 
1951 (47) 767. 

§ 47-860.3. Purpose of article. 

This article is designed to furnish a method by which incorporated cities 
and towns to which there are due sums of money represented by unpaid and 
unmatured assessments levied for improvements benefiting real property 
may realize such sums at once through the issuance and sale of paving bonds. 

1951 (47) 767. 

§ 47-860.4. When paving bonds may be issued ; amount thereof. 

When any municipality shall have levied assessments against real prop- 
erty for the purpose of paying for any permanent improvement to streets and 
sidewalks of any type mentioned in § 47-860.2, the municipal council may by 
ordinance direct that bonds of the municipality, to be known as paving bonds, 
be issued in anticipation of the collection of such assessments. The amount 
of the bonds to be issued may equal but shall not exceed the amount of the 
unmatured assessments remaining uncollected at the time of the adoption 
of the ordinance authorizing their issuance. A single issue of paving bonds 
may be authorized and issued in anticipation of the collection of two or 
more separate assessments. 

1951 (47) 767. 

§47-860.5. Maturities of bonds. 

Each issue of such paving bonds shall mature in annual installments of 
equal or unequal amounts, beginning not more than one year from the date 
of the bonds and ending not more than two years following the occasion when 
the last installment of the assessments, in anticipation of whose collection 
such bonds are issued, shall fall due. In fixing the dates or amounts of annual 
installments the municipal council shall consider the probable amounts to 
be collected in each year upon the assessments and shall endeavor, so far as 
may be practicable, to make the bonds mature in such amounts that the prin- 
cipal of the bonds will be paid by means of the assessments. 

1951 (47) 767. 

§ 47-860.6. Redemption privilege. 

Any bond issued may be issued with a provision providing for its redemp- 
tion prior to its stated maturity at par and accrued interest plus such redemp- 
tion premium as may be prescribed by the municipal council, but no bond 
shall be redeemable before maturity unless it contains a statement to that 
effect. In the proceedings authorizing the issuance of such bonds provision 
shall be made specifying the manner of call and the notice thereof that must 
be given. 

1951 (47) 767. 

[5 SC Code]— 9 129 



§47-860.7 Code of Laws of South Carolina §47-860.13 

§ 47-860.7. Denominations of bonds. 

Bonds issued under this article shall be of such denominations as may be 
fixed by the municipal council. 

1951 (47) 767. 

§ 47-860.8. Coupons, registrations and negotiability. 

Any such bonds shall be issued as coupon bonds, payable to bearer, with 
the privilege to the holder of having them registered on the books of the 
treasurer of the municipality and the principal thus made payable to the reg- 
istered holder (unless the last registered transfer shall have been to bear- 
er) upon such conditions as the municipal council may prescribe. Unless 
registered such bonds shall have all the qualities of negotiable instruments 
under the law merchant and the negotiable instruments law. 

19S1 (47) 767. 

§ 47-860.9. Place of payment. 

The bonds shall be made payable at such place or places, within or without 
the State as the municipal council shall provide. 
1951 (47) 767. 

§ 47-860.10. Interest rates. 

Such bonds shall bear interest at the rate or rates to be named by the mu- 
nicipal council. 

1951 (47) 767. 

§ 47-860.1 1. Execution of bonds. 

Such bonds and the coupons annexed thereto shall be executed in the man- 
ner provided for by the municipal council. 

1951 (47) 767. 

§47-860.12. Exemption from taxes. 

Bonds issued under this article shall be exempt from all State, county, 
municipal, school district and other taxes or assessments, direct or indirect, 
general or special, whether imposed for the purpose of general revenue or 
otherwise. 

1951 (47) 767. 

§47-860.13. Sale of bonds. 

Such bonds shall be sold at public sale, after advertisement of the sale in a 
newspaper having general circulation in the State or in a financial publication 
published in the city of New York or, in the discretion of the municipal 
council, in both such publications. Such advertisement shall appear not less 
than ten days prior to the occasion set for such sale. The bonds may be dis- 
posed of at private sale if there are no bids received or if all bids are rejected. 
The provisions of this section shall not prevent a sale at private sale to the 
United States of America or any agency thereof. 

1951 (47) 767. 

130 [5SCCode] 






§47-860.14 Municipal Corporations §47-860.19 

§47-860.14. Minimum sale price. 

All bonds must be sold at a price of not less than par and accrued interest 
to date of delivery. 

1951 (47) 767. 

§ 47-860.15. Deposit and use of proceeds. 

The proceeds derived from the sale of any bonds issued under this article 
shall be deposited in a special fund, separate and distinct from all other funds, 
and applied solely to the cost of the improvements for which were levied the 
assessments in anticipation of which the bonds were issued, except that the 
premium, if any, shall be placed in the fund established for the payment of the 
principal of the bonds and the accrued interest, if any, shall be used to dis- 
charge in part the first interest to become due on such bonds. Should any 
surplus remain after paying for the cost of the improvements, it shall be de- 
posited in the fund established for the payment of such principal and interest. 

1951 (47) 767. 

§ 47-860.16. Bonds legal investments for fiduciaries, etc. 

It shall be lawful for all executors, administrators, guardians, committees 
and other fiduciaries and all sinking fund commissions to invest any moneys 
in their hands in bonds issued under this article. 

1951 (47) 767. 

§47-860.17. Use to pay taxes. 

The municipal council may provide in the proceedings taken in connection 
with the issuance of bonds that the bonds or the coupons, either or both, shall 
be receivable for taxes due to the municipality during the year in which they 
respectively mature. 

1951 (47) 767. 

§ 47-860. 18. Credit pledged for payment ; levy of taxes to pay. 

The full faith, credit and taxing power of the municipality shall be pledged 
for the punctual payment of the principal and interest of all bonds issued 
pursuant to this article as such principal and interest become due. The 
municipal council shall lev)- annually on all taxable property in the municipal- 
ity a tax sufficient to pay such principal and interest as they respectively be- 
come due. Such tax, however, shall be reduced in each year by the amount 
of moneys in the special fund provided for by § 47-860.19 which are applicable 
to the payment of such principal and interest then due or falling due in such 
year and such tax shall be entirely suspended for such year in case such 
moneys on hand and applicable as aforesaid are sufficient to pay such principal 
and interest then due or falling due in such year and remaining unpaid. 

1951 (47) 767. 

§ 47-860.19. Use and pledge of assessments collected. 

All moneys derived from the collection of the assessments upon which any 
such paving bonds are predicated, which are collected subsequent to the 

131 



§ 47-860.20 Code of Laws of South Carolina § 47-883 

passage of the ordinance authorizing the bonds, including all interest on any 
deferred payment of the assessments, shall be placed in a special fund to be 
used only for the payment of the principal and interest of the bonds. The 
amount of such special fund to be applied to the payment of interest shall not 
exceed so much of such fund as shall have been derived from the collections 
by way of interest on deferred payments of the assessments. The special 
fund shall be pledged for such purposes and such pledge shall be an obligation 
of the contract between the municipality and the holders of its paving bonds. 
1951 (47) 767. 

§ 47-860.20. Holder may require levying of taxes and enforce covenants. 

If the municipal council shall fail to levy the taxes required to be levied or 
to perform the covenants undertaken in the issuance of the bonds, any holder 
of any of the bonds or coupons may require the levy of such taxes and enforce 
the performance of such covenants by mandamus in any of the courts of this 
State. 

1951 (47) 767. 

Article 5. 
Bond Commission of the City of Aiken. 

§47-881. Established. 

There is hereby established and provided in and for the city of Aiken 
a commisison to be known and designated as the "Bond Commission of 
the City of Aiken, S. C," and as such it shall have the capacity to sue and be 
sued. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-882. Commissioners; appointments, terms, vacancies and oath. 

The mayor of the city of Aiken shall appoint and commission, by and with 
the consent of the city council of said city, three residents of said city, who 
shall be qualified electors of this State, to compose such bond commission. 
The first members of the commission having held office one for two years, 
one for four years and one for six years, thereafter each member of the com- 
mission has been and shall be appointed by the mayor for a term of six years 
and until the appointment and qualification of his successor. Any vacancy 
in the commission shall be filled by the mayor of the city, with the consent 
of the city council, but the appointee to any such vacancy shall only hold 
for the unexpired term of his predecessor on such commission. The members 
of such commission shall take and subscribe to the oath required in section 
26 of article 3 of the Constitution of this State. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-883. Chairman and secretary and treasurer. 

The commissioners or a majority thereof shall elect one of their number 
as chairman and one of their number as secretary and treasurer thereof. In 
case no member of the commission is an experienced or competent book- 

132 






§ 47-884 Municipal Corporations § 47-887 

keeper, the commission may elect some other competent person as secretary 
and treasurer, with the consent of the city council. The chairman and the 
secretary and treasurer shall hold their offices as such for a term of one year 
and until their successors are chosen by the commission. 
1942 Code §7675-1; 1932 (37) 1229. 

§ 47-884. Compensation ; bond of secretary and treasurer. 

The secretary and treasurer of the commission shall receive such compen- 
sation as shall be fixed by the city council, to be paid out of the treasury 
of the city, and he shall give bond in a surety company authorized to do 
business in this State, to be approved by the city council, in such amount 
as shall from time to time be fixed by the city council, the expense of such 
bonds to be borne by the city and paid from the treasury thereof. No mem- 
ber of the commission, except the secretary and treasurer, shall receive 
compensation for his services. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-885. Removal of commissioner or secretary and treasurer. 

Any member of the commission or the secretary and treasurer shall be re- 
moved from his office by the city council of said city when it shall appear to 
the satisfaction of the council, or a majority of the members thereof, that 
such member of the commission or the secretary and treasurer has been 
guilty of malfeasance, breach of trust, fraud or gross or wilful neglect of duty 
as such commissioner or secretary and treasurer or for any violation of the 
provisions of this article. 

1942 Code §7675-1; 1932 (37) 1229. 

§47-886. Attorney. 

The attorney of the city of Aiken shall be the attorney for the commission 
and for his services to the commission shall not receive any compensation 
except such as is fixed and paid by the city council of the city from the treas- 
ury thereof. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-887. Meetings ; minutes and other records. 

The commission shall meet at least once in every month in regular session 
and shall meet at other times in special session when called to do so by the 
chairman or by any two members thereof. No action shall be taken by the 
commission except by a clear majority of all the members thereof and at the 
request of any member the vote of yeas and nays on any question or matter 
shall be recorded in the minutes of the commission. 

The commission shall keep minutes and records of all its transactions which, 
together with the books, papers and properties thereof, shall at all times 
be open to the inspection and examination of the city council, to any com- 
mittee thereof or to any accountant authorized to inspect and examine them 
by the city council. 

1942 Code §7675-1; 1932 (37) 1229. 

133 



§ 47-888 Code of Laws of South Carolina § 47-892 

§ 47-888. Rules and regulations. 

The commission shall make rules and regulations as it may deem necessary 
for the proper transaction of its business. But no such rule or regulation shall 
be inconsistent with the provisions of this article or the laws of this State. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-889. Sale of bonds and deposit of proceeds. 

When bonds are issued by the city of Aiken, pursuant to law, the com- 
mission shall sell and dispose of such bonds as required by law and hold the 
moneys received from such sale and disposition and keep them on deposit in 
banking institutions and trust companies as required herein. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-890. Disbursement of such proceeds. 

Such moneys and accrued interest thereon shall only be paid out by the 
commission on the authority and order of the city council or a majority of 
the members of the council to such persons as the city council shall certify 
to be due to receive such moneys and only when the city council, or majority 
thereof, shall certify that such moneys are to be paid out for the purposes for 
which the bonds, from the sale of which such moneys were received, were 
issued. But when such moneys were received from the sale of bonds issued 
for water, lighting or sewerage purposes, they shall only be paid out by the 
commission on the order and authority of the commissioners of public works 
of the city, or a majority of the members thereof, to such persons as the com- 
missioners of public works shall certify to be due to receive them and only 
when the commissioners of public works shall certify that such moneys are 
to be paid for the purposes for which the bonds, from the sale of which such 
moneys were received, were issued. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-891. Record of bonds outstanding. 

The commission shall keep a complete record of all bonds of the city of 
Aiken, the purpose for which they were issued, the amounts thereof, the dates 
when they were issued, the times of maturity, the place of payment, the rate 
of interest thereon and the time and place of payment of such interest and, 
when possible, the names and addresses of the purchasers and holders of 
such bonds. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-892. City officials to furnish information to commission. 

When any bonds are issued by the city, the city council, the mayor, alder- 
men, clerk and treasurer and other officials charged with the duty of issuing 
bonds shall certify to the commission the amounts and denominations of 
bonds so issued, for what purpose they were issued, the date of issue, the 
rate of interest, the time and place of payment of such bonds and interest, 
together with copies of the ordinances and resolutions relating thereto, and 
such other information pertaining to such bonds and the issue thereof as 

134 






§ 47-893 Municipal Corporations § 47-896 

shall be required by the commission and the officials named herein shall, 
within five days after any such bonds are issued, deliver such information 
to the chairman and the secretary and treasurer of the commission. 
1942 Code §7675-1; 1932 (37) 1229. 

§ 47-893. City to turn over sinking fund moneys. 

The officials of the city charged with the collection of the taxes in and 
for the city shall turn over to the chairman and the secretary and treasurer of 
the commission between the first and tenth days of each month all moneys 
collected by them in the city within the month next preceding to the credit 
of the sinking funds for the bonded indebtedness of the city and for the pay- 
ment of interest thereon. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-894. Investment of funds. 

The commission shall hold, manage, control and invest, as provided herein, all 
moneys held by the commission and turned over to it as a sinking fund at any 
time, but only in bonds and securities of the United States of America, of the State 
of South Carolina, of counties, municipal corporations, school districts and town- 
ships in the State of South Carolina and in the savings departments of banks and 
trust companies doing business in this State and chartered under laws of this 
State or of the United States if such banks shall secure such deposits with such 
securities as are above mentioned. But at no time shall the commission keep on 
deposit any of the funds charged to its keeping and control in any banking insti- 
tution or trust company which has a paid up capital of less than twenty-five thou- 
sand dollars and at no time shall it have on deposit in any such institution or 
company any sum of such moneys greater in amount than the paid up capital and 
surplus of such institution or company. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-895. Same ; lending money to city. 

The commission may, in its discretion, lend to the city, from the sinking fund 
in its hands, on its note or notes from time to time, money to meet its current 
bills and the city may secure the payment thereof by pledging its taxes levied for 
the current year. Such notes shall bear interest at not more than six per cent 
per annum. But the total loans to the city from such funds in any one year shall 
not exceed twenty-five per cent of the taxes levied and collected for the previous 
year. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-896. Securities, etc., to be kept in safe place. 

The commission shall keep in a secure place all papers, books, records, bonds, 
securities, and properties held by it. 

1942 Code §7675-1; 1932 (37) 1229. 

135 



§ 47-897 Code of Laws of South Carolina § 47-901 

§ 47-897. Payment of bonds. 

The commission shall from time to time, when due, make payment of such 
bonds and the interest thereon. At no time shall any moneys collected by 
way of taxation from citizens of the city for the purpose of meeting the 
payment of interest on any specific bond issue or for the sinking fund for the 
payment of an)' specific bonds or income from such moneys be used in the 
payment of any other bonded indebtedness of the city or for any other pur- 
pose than the bonded indebtedness for which such money was so collected, 
except that when bonds of the city have been retired any surplus on hand 
from moneys received by the commission for the payment of such bonds and 
interest shall be invested and used for the payment of other bonds of the 
city and the interest thereon. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-898. Checks and warrants. 

All checks and warrants for the payment of money drawn on any banking 
institution or trust company by the commission shall be signed by the chair- 
man and secretary and treasurer thereof and shall be approved in writing or 
countersigned by at least two members of the commission. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-899. Reports of commission. 

The commission shall make full and complete reports of all its acts and 
doings to the city council semi-annually, on or before the first days of March 
and September of each year. Such reports shall show all investments made 
by the commission, all amounts of money received and paid out, the sources of 
receipt, to whom and for what purposes such moneys were paid, the amount 
of cash on hand and where kept and the total bonded indebtedness of the city, 
in detail. The report made on or before the first day of September shall set 
forth the amounts of money necessary to be raised by the city by taxation 
for the sinking funds to pay the various issues of bonded indebtedness of 
the city and the interest thereon in the year next ensuing. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-900. City to pay operating expenses. 

All the necessary expenses incurred by the commission in carrying out 
the terms of this article and in performing the duties herein imposed shall 
be paid by the city council out of the treasury of the city. The bond com- 
mission shall certify to the council itemized statements of such expenses 
when making requests for payment thereof. 

1942 Code §7675-1; 1932 (37) 1229. 

§ 47-901. Violations of article; penalties. 

Any violation of this article shall be a misdemeanor and any person con- 
victed thereof shall be subjected to punishment by a fine of not less than 
twenty-five dollars and not more than ten thousand dollars or to imprison- 
ment with or without hard labor for a term of not less than ten days and not 

136 



§47-911 Municipal Corporations §47-914 

more than five years, in the discretion of the court. In addition to the pun- 
ishment herein provided for, the city may recover in any court of competent 
jurisdiction any losses or damages sustained by it or the citizens and tax- 
pavers of the city on account of the malfeasance, breach of trust or gross 
or wilful neglect or gross or wilful mismanagement on the part of any official or 
person violating the provisions of this article, such recovery to be had of such 
person or official guilty of such violation and of their sureties. 

1942 Code §7675-1; 1932 (37) 1229. 

Article 6. 

Sinking Fund Commission in Anderson. 

§ 47-911. Members, election and terms. 

There is hereby created a sinking fund commission for the city of Anderson, 
consisting of three upright and capable citizens of said city elected by the 
city council. The three members of the commission first elected having held 
their offices for two, four and six years, respectively, their successors have 
been and shall hereafter be elected for terms of six years and until their 
successors, respectively, are elected and qualify. 

1943 (43) 10S. 

§47-912. Qualifications. 

No person shall be eligible to election as a member of the commission who 
is not a citizen of said city or has not resided in said city at least one year 
previous to his election, nor shall any person be elected as a member of the 
commission who at the time of his election holds any office of profit, honor 
or trust under the national, state, county or municipal government, except 
the office of notary public and that of a member of the State militia. Any 
member of the commission accepting any such office of profit, honor or trust 
shall by such action thereby cease to be a member of the commission and 
the city council shall thereupon proceed to elect a successor to any such 
member for the unexpired term of his office as a member of the commission. 

1943 (43) 108. 

§47-913. Bond and oaths. 

The members of the commission shall give bond in such amount and form 
as the city council shall decide is necessary or desirable, signed by a surety 
or bonding company authorized to do business in this State and shall take 
the oaths of office required by law to be taken by the mayor of said city. 

1943 (43) 108. 

§ 47-914. Removal of members; vacancies. 

Any member of the commission may be removed from office for good cause 
by a vote of two-thirds of all the members of the city council. All vacancies 
shall be filled by election by the city council and any person elected to fill 
the unexpired term of any member of the commission shall serve only until 

137 



§47-915 Code of Laws of South Carolina §47-918 

the expiration of such unexpired term and until his successor is elected and 
qualified. 
1943 (43) 108. 

§47-915. Officers; compensation. 

The members of the commission shall elect a chairman and a secretary from 
the members of the commission. The members of the commission shall 
serve without compensation. 

1943 (43) 108. 

§ 47-916. Rules and regulations ; meetings. 

The commission shall adopt and prescribe such rules for the conduct of 
its business as the commission shall deem necessary or desirable and shall 
hold regular meetings quarterly and special meetings whenever called by the 
chairman of the commission or whenever requested by any member of the 
commission. 

1943 (43) 108. 

§ 47-917. Management and control of sinking funds. 

All assets of the city now constituting the sinking fund of the city and all 
sinking funds of the city hereafter levied and collected by the city to aid in 
the retirement and payment of the bonds of the city or for any other pur- 
pose whatsoever shall be delivered to the commission and deposited by the 
commission in some reliable bank or banks of the city, at such interest as 
may be obtainable, and the commission may invest such funds in national. 
State, county or municipal bonds approved by the commission or in such 
other investments as may be approved by the commission and are authorized 
by the laws of this State for the investment of funds held by fiduciaries. 

1943 (43) 108. 

§47-918. Records; office; expenses. 

The acts and doings of the commission shall be recorded in a book kept 
for that purpose and shall be open to the inspection of all citizens of the city. 
The citv council shall furnish the commission with a permanent office and 
the premiums on the surety bonds of the members of the commission and all 
other necessary expenses of the commission shall be paid by the commission 
from the sinking funds herein mentioned upon vouchers signed by the secre- 
tary of the commission, approved by the chairman thereof and authorized 
by the resolution of the commission. 

1943 (43) 108. 



138 



§ 47-931 Municipal Corporations § 47-944 

Article 7. 

Bennettsville Sinking Fund Commission. 

§ 47-931. Establishment and function. 

There shall be a sinking fund commission of three members in the town 

of Bennettsville who shall hold office for the same terms as commissioners of 

public works in other towns under the provisions of § 59-171. They shall 

be chosen by the mayor and board of aldermen of the town of Bennettsville. 

They shall handle, manage and control all sinking funds now in their hands 

under such regulations for the security of such funds as may from time to 

time be imposed by the mayor and board of aldermen. 

1942 Code §7281; 1932 Code §7281; Civ. C. '22 §4431; Civ. C. '12 §3016; Civ. C. '02 
§2009; 1896 (22) 83; 1S99 (23) 50; 1900 (23) 383; 1904 (24) 403; 1907 (25) 625; 1913 
(28) 48; 1915 (29) 61; 1916 (29) 826, 946; 1917 (30) 60; 1918 (30) 715, 770; 1920 (31) 716, 
986; 1921 (32) 39, 196, 24S; 1922 (32) 781, 789, 794, 834, 986: 1923 (33) 158, 162; 1924 (33) 
1062; 1925 (34) 7, 246, 265; 1926 (34) 918, 977; 1927 (35) 119, 171, 210; 1928 (35) 1143; 
1929 (36) 40, 45, 49; 1930 (36) 1248, 1403; 1931 (37) 126, 196, 302; 1932 (37) 140S; 1933 
(38) 466; 1934 (38) 1473; 1936 (39) 1480; 1940 (41) ISIS. 

Article 8. 

Greenville Sinking Fund Commission. 

§ 47-941. Establishment and number of members. 

There is hereby created and established a sinking fund commission for 

the city of Greenville, consisting of three upright and intelligent citizens. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-942. Election of members. 

The three members of the sinking fund commission shall be elected by the 

city council. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-943. Who eligible as members. 

No person shall be eligible to election on the commission who is not a 

citizen of Greenville and who has not resided in said city one year previous to 

his election, nor shall any person be elected who at the time of his election 

holds any office of profit or trust under the national, State, municipal or county 

government, except notaries public and members of the State militia ; and 

any member of the commission who accepts any such ofhee thereby vacates 

his membership on the commission. 

1942 Code §7673-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-944. Terms of members ; removal. 

The members of the first sinking fund commission elected having held 
their offices for two, four and six years, respectively, from the first Tuesday 
in April 1917, there has been and shall hereafter be elected every two years 

139 



§ 47-945 Code of Laws of South Carolina § 47-949 

or as soon thereafter as can be done, one member of said commission in the 
manner above prescribed for a term of six years and until his successor has 
been elected and qualified. Any member of the commission may be removed 
from office for good cause by a vote of two-thirds of all the members elected 
to the city council. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 

732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-945. Filling of vacancies. 

All vacancies on the commission shall be filled by election, as above pro- 
vided, and a person elected to fill an unexpired term shall serve only to the 
expiration of such term unless re-elected. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-946. Members serve without compensation ; penalty for refusal to serve. 

The members of the commission shall receive no compensation for their 
services as such and if any member, after being duly elected and having ac- 
cepted, shall refuse to serve on the commission he shall be subjected to a 
fine of twenty-five dollars, to be imposed by the recorder and collected as 
other fines. 

1942 Code § 7675-33; 1932 Code §§ 7285 to 7292; Civ. C. '22 §§ 4434 to 4441; 1916 (29) 732; 
1917 (30) 116; 1932 (37) 1115. 

§ 47-947. Bond, oath and officers ; meetings. 

The members of the sinking fund commission shall meet as soon as it may 

be convenient after each election of a new member, at some suitable place, 

and after such new member has given such bond as the city council may fix, 

signed by a surety company authorized to do business in this State, and 

taken an oath of office similar to the one taken by the mayor of said city 

shall proceed to organize by electing a chairman and secretary from their 

number. The commission shall have regular monthly meetings and extra 

meetings shall be called by the chairman of the commission whenever he 

shall deem it expedient or upon request of one of the other members thereof. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-948. Rules of commission. 

The commission shall prescribe such rules as it may think proper for 

the conduct of the business of the commission. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§47-949. Record; office; expenses. 

The acts and doings of the commission shall be recorded in a book kept for 
the purpose, which shall be open to the inspection of all citizens. The city 
council shall furnish the commission with a permanent office and all of its 
legitimate expenses including stationery, premium on bonds and similar ex- 

140 



§ 47-950 Municipal Corporations § 47-952 

penses shall be paid by the commission out of the sinking funds upon vouchers 

signed by the secretary and approved by the chairman. 

1942 Code §7675-33: 1932 Code §§ 72S5 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-950. Deposit of sinking funds. 

All sinking funds levied and collected by the city of Greenville in aid of the 
retirement and payment of bonds of said city gr for any other purpose what- 
soever shall be turned over to the commission and deposited by it in some 
reliable bank or banks of said city, at interest, such bank or banks to be 
selected by the commission, subject, however, to the approval of city council. 

1942 Code §7675-33; 1932 Code §§7235 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-951. Withdrawal and investment of such funds. 

Such funds shall not be drawn out of the bank except by vouchers signed 

both by the chairman and secretary of the commission. With the approval of 

city council the funds may be invested, however, by the commission in State, 

county or municipal bonds or in a note or notes of the city bearing interest 

at five per cent per annum, when executed in the manner and form and for 

the purposes specified under § 47-275, provided, that during any year when 

the city borrows from the sinking fund commission on tax anticipation notes 

the aggregate borrowings of the city on such notes for that year shall not 

exceed eighty per cent of the total taxes levied during the preceding year. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 

§ 47-952. Fund set aside for payment of bonds. 

The sinking fund commission shall, at the beginning of each calendar year, 

set aside sufficient funds to pay any and all bonds maturing that year and from 

such funds so set aside no investments or loans shall be made which would 

prevent the use of such funds to retire such city bonds. 

1942 Code §7675-33; 1932 Code §§7285 to 7292; Civ. C. '22 §§4434 to 4441; 1916 (29) 
732; 1917 (30) 116; 1932 (37) 1115. 



141 



Code of Laws of South Carolina 



CHAPTER 9. 
Zoning and City Planning. 



Article 1. 

Zoning. 
Sec. 

47-1001. Building and zoning regulations. 

47-1002. Division of municipality into dis- 
tricts. 

47-1003. City plan; purposes; considera- 
tions. 

47-1004. Manner of adopting regulations; 
hearings; notice thereof. 

47-1005. Amendment of regulations; pro- 
tests. 

47-1006. Zoning commissions; reports. 

47-1007. Board of adjustment. 

47-1008. Rules and regulations of board; 
meetings; minutes; etc. 

47-1009. General powers of board. 

47-1010. Appeals to board. 

47-1011. Effect of appeal. 

47-1012. Hearing on appeal. 

47-1013. Order of board on appeal. 

47-1014. Appeal from board to court. 

47-1015. Hearing and decision on such ap- 
peal. 

47-1016. Conflicting regulations. 

47-1017. Prevention of violation of regula- . 
tions. 

Article 2. 

Planning Commissions in Cities over 
Thirty-Four Thousand. 

47-1021. Right to create. 

47-1022. Members; compensation and terms. 

47-1023. Removal of members; vacancies. 

47-1024. Officers, meetings, rules and rec- 
ords. 

47-1025. Employees; contracts and expendi- 
tures. 

47-1026. Acceptance of gifts. 

47-1027. Assistance to commission; entry 
upon lands; etc. 

47-1028. General powers. 

47-1029. Master city plan for physical de- 
velopment. 

47-1030. Studies for plan; general purpose 
of plan. 

47-1031. Public hearing on plan. 

47-1032. Requirements for adoption of plan. 

47-1033. Adoption of plan as a whole or by 
successive resolutions. 

47-1034. Propaganda; advising and consult- 
ing with other agencies. 

47-1035. Commission to pass on new streets, 
parks, etc.; overruling commis- 
sion. 



Sec. 

47-1036. Commission to have powers of 
former commissions; postpone- 
ment of such powers. 

47-1037. Building or set-back lines on 
streets or highways. 

47-1038. Territorial jurisdiction over sub- 
divisions. 

47-1039. Approval of subdivision plats re- 
quired. 

47-1040. Regulations governing land sub- 
divisions. 

47-1041. Hearings on proposed regulations. 

47-1042. Required installations or bonds in 
lieu thereof. 

47-1043. Time for approval or disapproval 
of subdivision plat; reasons to be 
stated. 

47-1044. Hearing on approval or disapprov- 
al of plats. 

47-1045. Effect of approval of plat. 

47-1046. New streets beyond corporate 
limits. 

47-1047. Restrictions as to use, height, etc. 

47-1048. Recommendations for zoning 
amendments. 

47-1049. Naming of streets. 

47-1050. Changing names of streets. 

47-1051. Same; special provision for Green- 
ville County. 

47-1052. Transfer of property in subdivision 
prior to approval of plat. 

47-1053. Duties of recording officials. 

47-1054. Jurisdiction of commission over 
plats of subdivisions exclusive. 

47-1055. Powers of commission beyond cor- 
porate limits of cities. 

Article 3. 



Planning Commissions in Cities of 
15,250 to 16,000, 1940 Census. 



47- 
47- 
47- 
47- 
47- 
47- 
47- 
47- 



1061. Authority to create. 

1062. Constitution. 

1063. Compensation and qualifications. 

1064. Term. 

1065. Removal; vacancies. 

1066. Officers, meetings and records. 

1067. Employees; service of experts. 

1068. Attendance at planning con- 

ferences, legislative hearings, etc. 
47-1069. Consultation with and cooperation 
of other officials. 

1070. Maximum expenditures. 

1071. Acceptance of gifts. 

1072. Territorial jurisdiction. 

1073. General powers. 



47 
47 
47 

47 



142 



§47-1001 



Municipal Corporations 



§47-1002 



Sec. 

47-1074. Entry on lands. 

47-1075. Master city plan. 

47-1076. Promotion of interest in plan. 

47-1077. Studies and considerations to guide 
preparation of plan. 

47-1078. Adoption of plan or amendment; 
hearing prerequisite. 

47-1079. Certification of plan as adopted. 

47-1080. Approval of new streets, buildings, 
etc., required of commission. 

47-1081. Disapproval of commission may be 
overruled by council. 

47-1082. Submission, etc., when city coun- 
cil has no jurisdiction. 

47-1083. Effect of failure of commission to 
act. 

47-1084. Regulations as to subdivisions. 

47-1085. Hearing after submission of plat. 

47-1086. Action on plat submitted. 

47-1087. Agreements as to use, height of 
buildings, etc. 

47-1088. Bond for compliance with regu- 
lations. 

47-1089. Effect of approval of plat. 

47-1090. Sales by unapproved plat. 

47-1091. Only approved subdivision plats to 
be recorded. 

47-1092. Jurisdiction of commission over 
plats exclusive. 



Sec. 

47-1093. Building or set-back lines on 
streets. 

47-1094. Recommendations of zoning ordi- 
nance amendments. 

Article 4. 

Planning Commissions in Aiken 
and North Agusta. 

47-1101. Creation and constitution. 

47-1102. Consulting service; other help and 
expenses in North Agusta. 

47-1103. Preparation of zoning plan. 

47-1104. Commission to submit plan for 
zoning; public hearing; changes. 

47-1105. Zoning ordinance. 

47-1106. Amendment of zoning ordinance. 

47-1107. Council to submit certain ordi- 
nances to commission. 

47-1108. Clerk to refer such ordinances; 
when council may act without re- 
port. 

47-1109. Permit to build or repair. 

47-1110. Building inspector; appeals. 

47-1111. Appeals from commission. 

47-1112. Appropriations; acceptance and use 
of gifts. 

47-1113. Cooperation of city officials. 



Article 1. 
Zoning. 

§ 47-1001. Building and zoning regulations. 

For the purpose of promoting health, safety, morals or the general welfare 
of the community, the legislative body of cities and incorporated towns may 
by ordinance regulate and restrict the height, number of stories and size of 
buildings and other structures, the percentage of lot that may be occupied, 
the size of yards, courts and other open spaces, the density of population 
and the location and use of buildings, structures and land for trade, industry, 
residence or other purposes. No city or town shall pass an ordinance regu- 
lating the thickness of walls of buildings which conflicts with the laws of 
the State. 

1942 Code §7390; 1932 Code §7390; 1924 (33) 1066. 



Cited in Schloss Poster Advertising Co. 
v. Rock Hill, 190 S. C. 92, 2 S. E. (2d) 



392 (1939); Momeier v. McAlister, 203 S. 
C. 353, 27 S. E. (2d) 504 (1943). 



/ 



§ 47-1002. Division of municipality into districts. 

For any or all of such purposes the local legislative body may divide the mu- 
nicipality into districts of such number, shape and area as may be deemed best 
suited to carry out the purposes of this article. Within such districts it may 
regulate and restrict the erection, construction, reconstruction, alteration, re- 
pair or use of buildings, structures or land. All such regulations shall be 

143 



§47-1003 Code of Laws of South Carolina §47-1006 

uniform for each class or kind of building throughout each district, but the 
regulations in one district may differ from those in other districts. 
1942 Code §7391; 1932 Code §7391; 1924 (33) 1066. 

§ 47-1003. City plan ; purposes ; considerations. 

Such regulations shall be made in accordance with a comprehensive plan 
and shall be designed to lessen congestion in the streets, to secure safety 
from fire, panic and other dangers, to promote health and the general wel- 
fare, to provide adequate light and air, to prevent the overcrowding of land, 
to avoid undue concentration of population and to facilitate the adequate pro- 
vision of transportation, water, sewerage, schools, parks and other public 
requirements. Such regulations shall be made with reasonable consideration, 
among other things, to the character of the district and its peculiar suitability 
for particular uses and with a view to conserving the value of buildings and 
encouraging the most appropriate use of land throughout such municipality. 

1942 Code §7392; 1932 Code §7392; 1924 (33) 1066. 

§47-1004. Manner of adopting regulations; hearings; notice thereof. 

The legislative body of such municipality shall provide for the manner in 
which such regulations and restrictions and the boundaries of such districts 
shall be determined, established and enforced and from time to time amended, 
supplemented or changed. But no such regulation, restriction or boundary 
shall become effective until after a public hearing in relation thereto, at 
which parties in interest and citizens shall have an opportunity to be heard. 
At least fifteen days' notice of the time and place of any such hearing shall 
be published in an official paper or a paper of general circulation in such 
municipality. 

1942 Code §7393; 1932 Code §7393; 1924 (33) 1066. 

§ 47-1005. Amendment of regulations; protests. 

Such regulations, restrictions and boundaries may from time to time be 
amended, supplemented, changed, modified or repealed. In case, however, 
of a protest against such change signed by the owners of twenty per cent or 
more of the area of (a) the lots included in such proposed change, (b) those 
immediately adjacent in the rear thereof, or (c) those directly opposite 
thereto, such amendment shall not become effective except by the favorable 
vote of three-fourths of all the members of the legislative body of such mu- 
nicipality. The provisions of § 47-1004 relative to public hearings and offi- 
cial notice shall apply equally to all changes or amendments. 

1942 Code §7394; 1932 Code §7394; 1924 (33) 1066. 

§ 47-1006. Zoning commissions ; reports. 

In order to avail itself of the powers conferred by this article such legis- 
lative body shall appoint a commission to be known as the zoning commission 
to recommend the boundaries of "the various original districts and appropri- 
ate regulations to be enforced therein. Such commission shall make a pre- 
liminary report and hold public hearings thereon before submitting its final 

144 



§ 47-1007 Municipal Corporations § 47-1009 

report and such legislative body shall not hold its public hearing or take ac- 
tion until it has received the final report of such commission. When a city , 
planning commission already exists, it may be appointed as the zoning com- 
mission. 

1942 Code §7395; 1932 Code §7395; 1924 (33) 1066. 

§47-1007. Board of adjustment. 

Such local legislative body may provide for the appointment of a board 
of adjustment and in the regulations and restrictions adopted pursuant to 
the authority of this article may provide that the board of adjustment may, 
in appropriate cases and subject to appropriate conditions and safeguards, 
make special exceptions to the terms of the ordinance in harmony with its 
general purpose and intent and in accordance with general or specific rules 
therein contained. The board of adjustment shall consist of five members, 
each to be appointed for a term of three years and to be removable for cause 
by the appointing- authority upon written charges and after public hearing. 
Vacancies shall be filled for the unexpired term of any member whose term 
becomes vacant. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

Quoted in Momeier v. McAlister, 203 S. 
C. 353, 27 S. E. (2d) 504 (1943). 

§ 47-1008. Rules and regulations of board ; meetings ; minutes ; etc. 

The board of adjustment shall adopt rules in accordance with the provi- 
sions of any ordinance adopted pursuant to this article. Meetings of the 
board shall be held at the call of the chairman and at such other times as the 
board may determine. The chairman or, in his absence, the acting chaiman 
may administer oaths and compel the attendance of witnesses. All meet- 
ings of the board shall be open to the public. The board shall keep minutes 
of its proceedings, showing the vote of each member upon each question or, 
if absent or failing to vote, indicating such fact, and shall keep records of 
its examinations and other official actions, all of which shall be immediately 
filed in the office of the board and shall be a public record. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

§ 47-1009. General powers of board. 

The board of adjustment shall have the following powers: 

(1) To hear and decide appeals when it is alleged that there is error in any 
order, requirement, decision or determination made by an administrative offi- 
cial in the enforcement of this article or of any ordinance adopted pursuant 
hereto; 

(2) To hear and decide special exceptions to the terms of any ordinance 
upon which such board is required to pass under such ordinance; and 

(3) To authorize upon appeal in specific cases such variance from the 
terms of any ordinance as will not be contrary to the public interest when 
owing to special conditions a literal enforcement of the provisions of such 

[5 SC Code] — 10 145 






§47-1010 Code of Laws of South Carolina §47-1013 

ordinance will result in unnecessary hardship and so that the spirit of such 
ordinance shall be observed and substantial justice done. 
1942 Code § 7396; 1932 Code § 7396; 1924 (33) 1066. 

§47-1010. Appeals to board. 

Appeals to the board of adjustment may be taken by any person aggrieved 
or by any officer, department, board or bureau of the municipality affected by 
any decision of the administrative officer. Such appeal shall be taken with- 
in a reasonable time as provided by the rules of the board by filing with the 
officer from whom the appeal is taken and with the board of adjustment a 
notice of appeal specifying the grounds thereof. The officer from whom 
the appeal is taken shall forthwith transmit to the board all the papers con- 
stituting the record upon which the action appealed from was taken. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

§47-1011. Effect of appeal. 

An appeal stays all proceedings in furtherance of the action appealed from 
unless the officer from whom the appeal is taken certifies to the board of 
adjustment after the notice of appeal shall have been filed with him that by 
reason of facts stated in the certificate a stay would in his opinion cause im- 
minent peril to life or property. In such case proceedings shall not be stayed 
otherwise than by a restraining order which may be granted by the board 
of adjustment or by a court of record on application on notice to the officer 
from whom the appeal is taken and on due cause shown. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

§47-1012. Hearing on appeal. 

The board of adjustment shall fix a reasonable time for the hearing of the 
appeal, give public notice thereof, as well as due notice to the parties in in- 
terest, and decide the appeal within a reasonable time. Upon the hearing any 
party may appear in person or by agent or by attorney. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

§ 47-1013. Order of board on appeal. 

In exercising the above-mentioned powers the board may, in conformity 
with the provisions of this article, reverse or affirm wholly or partly or 
may modify the order, requirement, decision or determination appealed from 
and may make such order, requirement, decision or determination as ought to 
be made and to that end shall have all the powers of the officer from whom 
the appeal is taken. The concurring vote of four members of the board shall 
be necessary to reverse an}' order, requirement, decision or determination 
of any such administrative official or to decide in favor of the applicant on 
any matter upon which it is required to pass under any such ordinance or to 
effect any variation in such ordinance. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

146 [5 SC Code] 






§ 47-1014 Municipal Corporations § 47-1016 

§ 47-1014. Appeal from board to court. 

Any person or persons, jointly or severally aggrieved by any decision of 
the board of adjustment, any taxpayer or any officer, department, board or 
bureau of the municipality may present to a court of record a petition, duly 
verified, setting forth that a decision of the board of adjustment is illegal, in 
whole or in part, specifying the grounds of the illegality. Such petition shall 
be presented to the court within thirty days after the filing of the decision in 
the office of the board. 

Upon the presentation of such petition the court may allow a writ of 
certiorari directed to the board of adjustment to review such decision of the 
board of adjustment and shall prescribe therein the time within which a re- 
turn thereto must be made and served upon the relator's attorney, which 
shall not be less than ten days and may be extended by the court. The al- 
lowance of the writ shall not stay proceedings upon the decision appealed 
from, but the court may, on application, on notice to the board and on due 
cause shown, grant a restraining order. 

The board of adjustment shall not be required to return the original papers 
acted upon by it, but it shall be sufficient to return certified or sworn copies 
thereof or of such portions thereof as may be called for by such writ. The 
return shall concisely set forth such other facts as may be pertinent and ma- 
terial to show the grounds of the decision appealed from and shall be veri- 
fied. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

§ 47-1015. Hearing and decision on such appeal. 

All issues in any proceeding in court under this article shall have preference » 
over all other civil actions and proceedings. 

If, upon the hearing, it shall appear to the court that testimony is neces- 
sary for the proper disposition of the matter, it may take evidence or appoint a 
referee to take such evidence as it may direct and report it to the court with 
his findings of fact and conclusions of law, which shall constitute a part 
of the proceedings upon which the determination of the court shall be made. 
The court may reverse or affirm, wholly or partly, or may modify the decisions 
brought up for review. 

Costs shall not be allowed against the board, unless it shall appear to the 
court that it acted with gross negligence or in bad faith or with malice in 
making the decision from which the appeal is taken. 

1942 Code §7396; 1932 Code §7396; 1924 (33) 1066. 

§47-1016. Conflicting regulations. 

Whenever the regulations made under the authority of this article require 
a greater width or size of yards, courts or other spaces, require a lower height 
of building or less number of stories or require a greater percentage of lot 
to be left unoccupied or impose other higher standards than are required 
in any other statute, local ordinance or regulation, the provisions of the 
regulation made under authority of this article shall govern. Whenever the 

147 



§ 47-1017 Code of Laws of South Carolina § 47-1022 

provisions of any other statute or local ordinance or regulation require a 
greater width or size of yards, courts or other open spaces, require a lower 
height of building or a less number of stories, require a greater percentage 
of lot to be left unoccupied or impose other higher standards than are required 
by the regulations made under the authority hereof, the provisions of such 
statute, local ordinance or regulation shall govern. 
1942 Code §7398; 1932 Code §739S; 1924 (33) 1066. 

§ 47-1017. Prevention of violation of regulations. 

In case any building or structure is erected, constructed, reconstructed, 
altered, repaired, converted or maintained or any building, structure or land 
is used in violation of this article or of any ordinance or other regulations 
made under authority conferred hereby, the proper local authorities of the 
municipality, in addition to other remedies, may institute any appropriate 
action or proceedings to prevent such unlawful erection, construction, recon- 
struction, alteration, repair, conversion, maintenance or use, to restrain, cor- 
rect or abate such violation, to prevent the occupancy of such building, struc- 
ture or land or to prevent any illegal act, conduct, business or use in or about 
such premises. 

1942 Code §7397; 1932 Code §7397; 1924 (33) 1066. 

Article 2. 
Planning Commissions in Cities over Thirty-Four Thousand. 

§ 47-1021. Right to create. 

Any municipality in this State which has a population of more than thirty- 
four thousand according to the then most recent Federal census may by ordi- 
nance provide for and create a planning commission for such municipality 
and its environs, with the jurisdiction, powers and duties set forth in this 
article. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1022. Members ; compensation and terms. 

The commission shall consist of nine members, namely, the mayor, city 
engineer, president of the board of park commissioners and a member of the 
city council selected by such council as members ex officio and five persons 
who shall be appointed by the mayor. All members of the commission shall 
serve as such without compensation and the appointed members shall hold 
no other municipal office, except that one of such appointed members may 
be a member of the board of adjustment. The terms of ex officio members 
shall correspond to their respective official tenures. The term of each ap- 
pointed member shall be four years and until his successor takes office. The 
supervisor of a county wherein any such planning commission shall be estab- 
lished shall also be a member ex officio of such planning commission and may 
confer with the commission on all matters pertaining to the laying out of 
streets beyond the corporate limits. 

1942 Code §7548-1; 1941 (42) 1320. 

148 



§ 47-1023 Municipal Corporations § 47-1023 

§ 47-1023. Removal of members ; vacancies. 

Members may, after a public hearing, be removed by the mayor for in- 
efficiency, neglect of duty or malfeasance in office. The mayor shall file a 
written statement of reasons for such removal. Vacancies occurring other- 
wise than through the expiration of a term shall be filled for the unexpired 
term by the mayor. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1024. Officers, meetings, rules and records. 

The commission shall elect its chairman from among the appointed mem- 
bers and create and fill such other of its offices as it may determine. The term 
of office of the chairman shall be one year and the chairman shall be eligible 
for re-election. The commission shall hold at least one regular meeting in 
each month. It shall adopt rules for the transaction of business and shall 
keep a record of its recommendations,, transactions, findings and determina- 
tions. Such record shall be a public record. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1025. Employees ; contracts and expenditures. 

The commission ma)- appoint such employees as it may deem necessary 
for its work, whose appointment, promotion, demotion and removal shall be 
subject to the same provisions of law as govern other corresponding civil 
employees of the municipality. The commission may also contract with 
city planners, engineers, architects and other consultants for such services as 
it may require. The expenditures of the commission, exclusive of gifts, 
shall be within the amounts appropriated for the purpose by the city coun- 
cil, which shall provide the funds, equipment and accommodations which 
it may deem necessary for the commission's work. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1026. Acceptance of gifts. 

The commission may accept and use gifts for the exercise of its functions. 
1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1027. Assistance to commission ; entry upon lands ; etc. 

All public officials shall, upon request, furnish to the commission, within 
a reasonable time, such available information as it may require for its work. 
The commission, its members, officers and employees, in the performance of 
their functions, may enter upon any land and make examinations and sur- 
veys and place and maintain necessary monuments and marks thereon. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1028. General powers. 

In general the commission shall have such powers as may be necessary 
to enable it to fulfill its functions, promote municipal planning or carry out 
the purposes of this article. 

1942 Code §7548-1; 1941 (42) 1320. 

149 



§ 47-1029 Code of Laws of South Carolina § 47-1030 

§ 47-1029. Master city plan for physical development. 

The commission shall make or cause to be made and adopt a master city plan 
for the physical development of the municipality, including- any areas out- 
side of its boundaries which, in the commission's judgment, bear relation to 
\£he planning of such municipality. Such plan, with the accompanying maps, 
plats, charts and descriptive matter shall show the commission's recommenda- 
tions for: 

(1) The development and redevelopment of such territory, including the 
general location, character and extent of streets, viaducts, subways, bridges, 
waterways, waterfronts, boulevards, parkways, playgrounds, squares, parks, 
aviation fields and other public ways, grounds and open spaces, the general 
location of public buildings and other public property and the general loca- 
tion and extent of public utilities and terminals ; 

(2) The removal, relocation, widening, narrowing, vacating, abandonment, 
change of use or extension of any public ways, grounds, open spaces, build- 
ings, property, utilities or terminals ; 

(3) A zoning plan for the control of the height, area, bulk, location, use 
and intensity of use of buildings, structures and premises and of population 
density; 

(4) The general location, character, layout and extent of community centers 
and neighborhood units ; and 

(5) The general character, extent and layout of the replanning of blighted 
districts and slum areas. 

The commission may from time to time amend, extend or add to the 
master plan. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1030. Studies for plan; general purpose of plan. 

In the preparation of such master plan, the commission shall make or cause 
to be made careful and comprehensive surveys and studies, of present condi- 
tions and trends of future growth of the municipality and shall also give due 
/regard to the relation of the municipality to any neighboring territory. The 
plan shall be made and used for the general purpose of guiding and accom- 
plishing a coordinated, adjusted and harmonious development or redevelop- 
ment of the municipality and its environs which will, in accordance with 
present and future needs, best promote the public health, safety, morals, order, 
convenience, prosperity and general welfare, as well as efficiency and economy 
in the process of development or redevelopment, including adequate provision 
for traffic, the promotion of safety from fire or other dangers, adequate provi- 
sion for light and air, the promotion of the healthful and convenient distri- 
bution of population, the promotion of good civic design and arrangement, 
wise and efficient expenditure of public funds and the adequate provision 
of public utilities and other public requirements. 

1942 Code §7548-1; 1941 (42) 1320. 

ISO 



§47-1031 Municipal Corporations §47-1034 

§47-1031. Public hearing on plan. 

Before the adoption of the plan or any such part, amendment, extension 
or addition the commission shall hold at least one public hearing thereon, " 
after not less than five days notice of the time and place of such hearing shall 
have been given by at least one publication in a newspaper having general 
circulation in the city. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1032. Requirements for adoption of plan. 

The adoption of the plan or of any part, amendment, extension or addition 
shall be by resolution of the commission, carried by the affirmative votes 
of not less than a majority of the entire membership of the commission. The 
resolution shall refer expressly to the maps and other descriptive matter in- 
tended by the planning commission to form the whole or part of the plan 
and the action as taken shall be recorded on the map and plan and descriptive 
matter by the identifying signature of the chairman and secretary of the com- 
mission. An attested copy of the plan or part thereof as adopted and approved 
shall be certified to the city council and to all legislative and administrative 
agencies affected by the plan. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1033. Adoption of plan as a whole or by successive resolutions. 

The commission may adopt the plan as a whole by a single resolution or 
may by successive resolutions adopt parts of the plan, such parts correspond- 
ing with the major geographical sections or divisions of the municipality or 
with functional subdivisions of the subject matter of the city plan, and may 
adopt any amendment or extension thereof or addition thereto. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1034. Propaganda; advising and consulting with other agencies. 

The commission may promote public interest in an understanding of the 
plan and to that end may publish and distribute copies of the plan or of any 
report and may employ such other means of publicity and education as it may 
determine. Members of the commission and any of its employees, when duly 
authorized by the commission, may attend city planning conferences or meet- 
ings of city planning institutes or hearings upon pending city planning legis- 
lation and the commission may, by resolution spread upon its minutes, pay 
the reasonable traveling expenses incident to such attendance. The commis- 
sion shall, from time to time, recommend to the appropriate public officials, 
programs for public structures and improvements and for the financing there- 
of. It shall consult and advise with public officials and agencies, public util- 
ity companies, civic, educational, professional and other organizations and 
with citizens with relation to the projecting or carrying out of the plan. 

1942 Code §7548-1; 1941 (42) 1320. 



151 



§ 47-1035 Code of Laws of South Carolina § 47-1037 

§47-1035. Commission to pass on new streets, parks, etc.; overruling com- 
mission. 

Whenever the commission shall have adopted the master plan of the mu- 
nicipality or of one or more sections or districts thereof, no new street, 
square, park or other public way, grounds or open space or public building, 
structure or public utility, whether publicly or privately owned, shall 
be constructed or authorized in the municipality or in such planned section 
or district until the location, character and extent thereof shall have been sub- 
mitted to and approved by the commission. In case of disapproval the com- 
mission shall communicate its reasons to the city council which shall have 
the power to overrule such disapproval by the recorded vote of not less than 
two-thirds of its entire membership. But if the public way, ground, space, 
building, structure or utility within such municipality be one the author- 
ization or financing of which does not, under the law, fall within the province 
of the municipal council, then the submission to the planning commission shall 
be by the board, commission or body having such jurisdiction and the plan- 
ning commission's disapproval may be overruled by such board, commission 
or body by a vote of not less than two-thirds of its membership. The failure 
of the planning commission to act within sixty days from and after the date 
of official submission to it shall be deemed approval. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1036. Commission to have powers of former commissions; postponement 
of such powers. 

The commission appointed under this article shall have all powers granted 
by law to an}' planning or zoning commission of the municipality and from 
and after the creation of a planning commission hereunder in such munici- 
pality all powers and records of the then planning or zoning commission shall 
be transferred to this planning commission, which may then be referred to as 
the planning and zoning commission of such municipality and which shall be 
subject to the laws and ordinances relating to both zoning and planning. But 
in the event that any existing planning or zoning commission shall be nearing 
the completion of its zoning plan, the city council may, by resolution, post- 
pone the transfer of the zoning commission's powers until the completion of 
such zoning plan. But such postponement shall not exceed a period of six 
months. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1037. Building or set-back lines on streets or highways. 

Whenever the plan for a major street system has been adopted and properly 
filed, the city council, upon recommendation of the planning commission, may 
establish, regulate and limit, by ordinance, building or set-back lines on such 
existing and proposed major streets or highways and may prohibit any new 
building being located within such building or set-back lines, within the cor- 
porate limits of the city. The city council shall provide for the method by 
which this section shall be enforced. The board of zoning appeals, or other 

152 



V 



§ 47-1038 Municipal Corporations § 47-1041 

similar board, if such has been established having power to make variances 
or exceptions in zoning regulations, may modify or vary the set-back regu- 
lations in specific cases, in order that unwarranted hardship, which constitutes 
a complete deprivation of use as distinguished from merely granting a privi- 
lege, may be avoided, yet the intended purpose of the regulations shall be 
strictly observed and the public welfare and public safety protected. Such 
set-back regulations shall not be adopted, changed or amended until a public 
hearing has been held thereon, after not less than fifteen days' notice of the 
time and place of such hearing shall have been given by publication in one or 
more issues of a paper having general circulation in such city. 
1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1038. Territorial jurisdiction over subdivisions. 

The territorial jurisdiction of the municipal planning commission over the 
subdivision of land shall include all land located in the municipality and all 
land lying within three miles of the corporate limits of the municipality and 
not located in any other municipality. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1039. Approval of subdivision plats required. 

Whenever the commission shall have adopted a major street plan of the 
territory within its subdivision jurisdiction or part thereof, then no plat of a . 
subdivision of land within such territory or part shall be filed or recorded 
until it shall have been approved by the planning commission and such ap- 
proval entered in writing on the plat by the chairman or secretary of the 
commission. 

1942 Code §7548-1; 1941 (42) 1320. 

Cross reference. — As to approval of sub- 
divisions in cities of thirty-five thousand 
or more, see § 47-1329. 

§ 47-1040. Regulations governing land subdivisions. 

Before exercising the powers referred to in § 47-1039 the planning commis- 
sion shall prepare regulations governing the subdivision of land within its 
jurisdiction. Such regulations may provide for the proper arrangement of 
streets, in relation to other existing planned streets and to the master plan, for 
adequate and convenient open spaces for traffic, utilities, access of fire-fight- 
ing apparatus, recreation, light and air and for the avoidance of congestion 
of population, including minimum width and area of lots. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1041. Hearings on proposed regulations. 

Before any such regulations shall be adopted by the commission a public 
hearing shall be held thereon, notice of the time and place of which shall be 
published fifteen days prior to the date of such hearing in a newspaper having 
general circulation in the municipality. 

1942 Code §7548-1; 1941 (42) 1320. 

153 



§ 47-1042 Code of Laws of South Carolina § 47-1046 

§ 47-1042. Required installations or bonds in lieu thereof. 

Such regulations may include provisions as to the extent to which streets 
i and other ways shall be graded and improved and to which water, sewer and 
other utility mains, piping or other facilities shall be installed as a condition 
precedent to the approval of the plat. The regulations or practice of the com- 
mission may provide for a tentative approval of the plat previous to such in- 
stallation, but any such tentative approval shall be revocable and shall not 
be entered on the plat. In lieu of the completion of such improvements and 
utilities prior to the final approval of the plat, the commission may accept 
a bond with adequate surety to secure to the municipality the actual construc- 
tion and installation of such improvements or utilities at a time and according 
to specifications fixed by or in accordance with the regulations of the com- 
mission. The municipality may enforce such bond by all appropriate legal 
and equitable remedies. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1043. Time for approval or disapproval of subdivision plat; reasons to be 
stated. 

The planning commission shall approve or disapprove a plat within thirty 
days after the submission thereof to it. Otherwise such plat shall be deemed 
to have been approved and a certificate to that effect shall be issued by the 
commission on demand. But the applicant for the commission's approval may 
waive this requirement and consent to an extension of such period. The 
ground of disapproval of any plat shall be stated upon the records of the 
commission. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1044. Hearing on approval or disapproval of plats. 

Any plat submitted to the commission shall contain the name and address 
of a person to whom notice of a hearing shall be sent and no plat shall be 
acted on by the commission without affording a hearing thereon. Notice 
shall be sent to such address by registered mail of the time and place of 
such hearing not less than five days before the date fixed therefor. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1045. Effect of approval of plat. 

Every plat approved by the commission shall, by virtue of such approval, 
be deemed to be an amendment of, an addition to or a detail of the municipal 
plan and a part thereof. Approval of a plat shall not be deemed to constitute 
or effect an acceptance by the public of any street or other open space shown 
upon the plat. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1046. New streets beyond corporate limits. 

In new subdivisions, beyond the corporate limits of cities and towns as 
herein referred to, no new street shall be laid out, improved or maintained by 

154 



§47-1047 Municipal Corporations §47-1050 

the county until it shall be approved by such planning commission by an 
appropriate resolution. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1047. Restrictions as to use, height, etc. 

The commission may agree with the applicant upon the use, height, area 
or bulk requirements or restrictions governing buildings and premises within 
the subdivision, provided such requirements or restrictions do not authorize 
the violation of the then effective zoning ordinance of the municipality. Such 
requirements or restrictions shall be stated upon the plat prior to the approval 
and recording thereof and shall have the same force of law and be enforceable 
in the same manner and with the same sanctions and penalties and subject 
to the same power of amendment or repeal as though set out as a part of the 
zoning ordinance or map of the municipality. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1048. Recommendations for zoning amendments. 

The planning commission may, from time to time, recommend to the city 
council amendments of the zoning ordinance or map or additions thereto to 
conform to the commission's recommendations for the zoning regulation of 
the territory comprised within approved subdivisions. 

1042 Code §7548-1; 1941 (42) 1320. 

§47-1049. Naming of streets. 

Any planning commission or planning and zoning commission created un- 
der the provisions of this article shall, by proper certificate, approve and 
authorize the name of any street or road hereafter laid out within the territory 
over which such commission has jurisdiction. It shall be unlawful for any 
person in laying out any new street or road within the territory over which 
such planning commission or planning and zoning commission has jurisdiction 
to name such street or road on any plat, by any marking or in any deed of 
instrument without first getting the approval of such commission of the name 
selected and given to such street or road. Any person violating this provision 
shall be guilty of a misdemeanor and upon conviction shall be punished by 
fine of not more than one hundred dollars or by imprisonment of not more 
than thirty days. 

1943 (43) 301. 

§ 47-1050. Changing names of streets. 

Any such commission may, after reasonable notice through the public press 
printed in the municipality wherein such commission is created and exists, 
change the name of any street or road within the boundary of its territorial 
jurisdiction, (a) when there is duplication of names or other conditions which 
tend to confuse the traveling public or the delivery of mail, orders or mes- 
sages, (b) when it is found that a change may simplify marking or giving of 
directions to persons seeking to locate addresses, or (c) upon any other good 
and just reason that may appear to the commission. On such name being 

155 



§ 47-1051 Code of Laws of South Carolina § 47-1053 

changed, after reasonable opportunity for a public hearing, the commission 
shall issue its certificate designating the change which shall be recorded in 
the office of the register of mesne conveyances of the county and the name 
as so changed and certified shall thereafter be the legal name of the street or 
road. But when the name of a street or road outside the corporate limits of 
any such municipality, but within the three mile jurisdictional zone, is so 
changed, the county engineer or, in those counties having no county engi- 
neer, the supervisor shall approve the change in name before the action of 
the commission shall become final and binding. 
1943 (431 301. 

§ 47-1051. Same ; special provision for Greenville County. 

In Greenville County the chairmen of the water and sewer subdistrict com- 
mittees of the greater Greenville water and sewer districts shall, by majority 
vote of such chairmen, approve the naming of streets or roads or the chang- 
ing of the names of streets or roads outside the limits of the city of Greenville 
and within the territorial boundaries under the jurisdiction of the planning 
and zoning commission. 

1943 (43) 301. 

§ 47-1052. Transfer of property in subdivision prior to approval of plat. 

Whoever, being the owner or agent of the owner of any land located within 
a subdivision, transfers or sells, agrees to sell or negotiates to sell any land 
by reference to or exhibition of or by other use of a plat of a subdivision, before 
such plat has been approved by the planning and zoning commission and 
recorded in the office of the county where deeds are required to be recorded, 
shall forfeit and pay a penalty of one hundred dollars to the municipality evok- 
ing this article, for each lot or parcel so transferred or sold or agreed or ne- 
gotiated to be sold. The description of any such lot or parcel by metes 
and bounds in the instrument of transfer or other document used in the proc- 
ess of selling or transferring such lot or parcel shall not exempt the transac- 
tion from such penalties or from the remedies herein provided. Such munici- 
pality may enjoin such transfer, sale or agreement by action for injunction 
brought in any court of competent jurisdiction and may also recover such pen- 
alty by civil action in any court of competent jurisdiction. The plats referred 
to in this section mean only such plats as shall designate and establish new 
streets in a subdivision which is presently to be developed and the penalty 
provided herein shall not apply to owners of property platted beyond the cor- 
porate limits. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1053. Duties of recording officials. 

In any county in which a planning and zoning commission has, by proper 
ordinance, been established by a municipality under the provisions of this 
article, the county official whose duty it is to accept and record plats of real 
estate shall not accept, file or record any subdivision plat in such office without 
the approval of the planning and zoning commission of such municipality 

156 



§47-1054 Municipal Corporations §47-1062 

within the area of its jurisdiction under the provisions of this article and 
should such public official violate the provisions of this section he shall in 
each instance be subject to the same penalty provided in § 47-1052 and the 
municipality shall have the same rights and remedies as to enforcement or 
collection as therein provided and may enjoin any violations thereof. 
1^42 Code §7548-1; 1941 (42) 1320. 

§ 47-1054. Jurisdiction of commission over plats of subdivisions exclusive. 

From and after the time when a planning commission shall have control 
over subdivisions as provided in § 47-1039 the jurisdiction of the planning 
commission over plats shall be exclusive within the territory under its juris- 
diction and all statutory control over plats or subdivisions of land granted by 
other statutes shall, in so far as in harmony with the provisions of this sec- 
tion, be deemed transferred to the planning commission of such municipality. 

1942 Code §7548-1; 1941 (42) 1320. 

§ 47-1055. Powers of commission beyond corporate limits of cities. 

Nothing herein contained shall be construed to give or permit any such 
planning commission to exercise any authority and power beyond the cor- 
porate limits of cities and towns, except in the matter of planning and laying 
out new streets in new subdivisions, it being the express intent hereof that 
in all other matters and things referred to it, such planning commission shall 
have only advisory powers. 

1942 Code §7548-1; 1941 (42) 1320. 

Article 3. 
Planning Commissions in Cities of 15,250 to 16,000, 1940 Census. 

§47-1061. Authority to create. 

Any municipality in this State which had a population of between fifteen 
thousand two hundred and fifty and sixteen thousand according to the Federal 
census of 1940 may by ordinance provide for and create a planning commis- 
sion for such municipality and its environs, with the jurisdiction, powers 
and duties set forth in this article. 

1950 (46) 2235. 

§47-1062. Constitution. 

The commission shall consist of five members, namely, the mayor, a member 
of the city council selected by the council, a member of the governing body 
of the county selected by such governing body and two persons who shall be 
appointed by the mayor. The members of the governing body of the county 
shall also be members ex officio of the planning commission and may confer 
on all matters pertaining to the laying out of streets beyond the corporate 
limits. 

1950 (46) 2235. 

157 



§ 47-1063 Code of Laws of South Carolina § 47-1068 

§ 47-1063. Compensation and qualifications. 

All members of the commission shall serve as such without compensation 
and the appointed members shall hold no other municipal office, except that 
one may be a member of the Zoning Board of Adjustment. 

1950 (46) 2235. 

§47-1064. Term. 

The term of ex officio members shall correspond to their respective official 
tenures. The term of each appointed member shall be for the four year pe- 
riod corresponding with the official tenure of the mayor who makes the ap- 
pointment or until the member's appointed successor takes office. 

1950 (46) 2235. 

§ 47-1065. Removal; vacancies. 

Members may. after a public hearing, be removed by the mayor for ineffi- 
ciency, neglect of duty or malfeasance in office, after the mayor has filed a 
written statement of reasons for such removal. Vacancies occurring other- 
wise than through the expiration of term shall be filled for the unexpired term 
in the manner above prescribed. 

1950 (46) 2235. 

§ 47-1066. Officers, meetings and records. 

The commission shall elect its chairman from among the appointed members 
and create and fill such other of its offices as it may determine. The term of 
chairman shall be one year, with eligibility for re-election. The commission 
shall hold at least one regular meeting in each month. The commission shall 
adopt rules for transaction of business and shall keep a record of its recom- 
mendations, transactions and findings, which shall be a public record. 

1950 (46) 2235. 

§ 47-1067. Employees ; service of experts. 

The commission may appoint such employees as it may deem necessary 
for its work, whose appointment, promotion, demotion and removal shall be 
subject to the same provisions of law as govern other corresponding civil 
employees of the municipality. The commission may also contract with city 
planners, engineers, architects and other consultants for such services as it 
may require. 

1950 (46) 2235. 

§ 47-1068. Attendance at planning conferences, legislative hearings, etc. 

Members of the commission and any of the employees, when duly author- 
ized by the commission, may attend city planning conferences or meetings 
of city planning institutes or hearings upon pending city planning legislation 
and the commission may, if authorized by resolution recorded in its minutes, 
pay the legal traveling expenses incident to such attendance. 

1950 (46) 2235. 

158 



§ 47-1069 Municipal Corporations § 47-1075 

§ 47-1069. Consultation with and cooperation of other officials. 

The commission shall, from time to time, recommend to the appropriate 
public officials programs for public structures and improvements and for the 
financing thereof. It shall be part of its duties to consult and advise with 
public officials and agencies, utility companies, either publicly or privately 
owned, civic, educational, professional and other organizations and with citi- 
zens with relation to the protecting or carrying out of the plan. All public 
officials shall, upon request, furnish to the commission, within a reasonable 
time, such available information as it may require for its work. 

1950 (46) 2235. 

§ 47-1070. Maximum expenditures. 

The expenditures of the commission, exclusive of gifts to the commission, 
shall be within the amounts appropriated by the city for the purpose of carry- 
ing out the duties set forth herein. 

1950 (46) 2235. 

§47-1071. Acceptance of gifts. 

The commission may accept and use gifts for the exercise of its functions. 
1950 (46) 2235. 

§ 47-1072. Territorial jurisdiction. 

The territorial jurisdiction of the planning commission shall include all land 
located in the municipality and all land lying within three miles of the cor- 
porate limits of the municipality. 

1950 (46) 2235. 

§ 47-1073. General powers. 

In general the commission shall have such powers as may be necessary to 
enable it to fulfill its functions, promote city planning or carry out the pur- 
poses of this article. 

1950 (46) 2235. 

§ 47-1074. Entry on lands. 

The commission, its members, officers and employees, in the performance 
of their functions may enter upon any land, make examinations and surveys 
and place and maintain necessary monuments and marks thereon. 

1950 (46) 2235. 

§ 47-1075. Master city plan. 

The commission shall make, or cause to be made, and adopt a master city 
plan for the physical development of the municipality, including any areas 
outside of its boundaries which, in the commission's judgment, bear relation 
to the planning of such municipality. Such plan, with the accompanying 
maps, plats, charts and descriptive matter shall show recommendations for 
the development and re-development of such territory, including the follow- 
ing: 

159 

BUREAU OF PUBLIC ADMIN, 
BU OWELTY OP SOUTH CAROUKA 
COLUMBIA 



§ 47-1076 Code of Laws of South Carolina § 47-1078 

(1) The general location, character and extent of streets, overpasses, under- 
passes, bridges, boulevards, parkways, playgrounds, squares, parks, aviation 
fields and other public ways, grounds and open spaces ; 

(2) The general location and extent of public utilities and terminals ; 

(3) The removal, relocation, widening, narrowing, vacating, abandonment, 
change of use or extension of any public ways, grounds, open spaces, buildings, 
property, utilities or terminals ; 

(4) The height, area, bulk, location, use and intensity of use of buildings, 
structures and premises and population density ; and 

(5) The general location, character and layout of the replanning of blighted 
districts and slum areas. 

The commission may from time to time amend, extend or add to the master 
plan. 

1950 (46) 2235. 

§ 47-1076. Promotion of interest in plan. 

The commission may promote public interest in and understanding of the 
plan and to that end may publish and distribute copies of the plan or of any 
report and may employ such other means of publicity and education as it may 
determine. 

1950 (46) 2235. 

§ 47-1077. Studies and considerations to guide preparation of plan. 

In the preparation of such master plan the commission shall make, or cause 
to be made, careful and comprehensive surveys and studies of present con- 
ditions and trends of future growth of the municipality and shall also give 
due regard to the relation of the municipality to any neighboring territory. 
The plan shall be made and used for the general purpose of guiding and ac- 
complishing a coordinated, adjusted and harmonious development or re-devel- 
opment of the municipality and its environs which will, in accordance with 
present and future needs, best promote the public health, safety, morals, order, 
convenience, prosperity and general welfare, as well as efficiency and economy 
in the process of development or re-development, including adequate provi- 
sion for the movement of persons and goods, the promotion of safety from 
fire or other dangers, adequate provision for light and air, the promotion of the 
healthful and convenient distribution of population, the promotion of good 
civic design and arrangement, the wise and efficient expenditure of public funds 
and the adequate provision of public utilities and other public requirements. 

1950 (46) 2235. 

§ 47-1078. Adoption of plan or amendment ; hearing prerequisite. 

The commission may adopt the plan as a whole by a single resolution or 
may by successive resolutions adopt parts of the plan, such parts correspond- 
ing with the major geographical sections or divisions of the municipality or 
with functional subdivisions of the subject matter of the city plan, and may 
adopt any amendment or extension thereof or addition thereto. Before the 
adoption of the plan or any such part, amendment, extension or addition, the 

160 



§47-1079 Municipal Corporations §47-1022 

commission shall hold at least one public hearing thereon. Prior to the hear- 
ing there shall be not less than five days' notice given of the time and place 
of the hearing. The notice shall be given by at least one publication in a 
newspaper having general circulation in the city. The adoption of the plan 
or of any part, amendment, extension or addition shall be by resolution of the 
commission, carried by the affirmative votes of not less than a majority of 
the entire membership of the commission. The resolution shall refer ex- 
pressly to the maps and other descriptive matter intended by the planning 
commission to form the whole part of the plan and the action as taken shall be 
recorded on the map and plan and descriptive matter by the identifying sig- 
nature of the chairman and two other members of the commission. 
1950 (46) 2235. 

§ 47-1079. Certification of plan as adopted. 

An attested copy of the plan or part thereof as adopted and approved by the 
commission shall be certified by the city council and by all legislative agencies 
affected by the plan. 

1950 (46) 2235. 

§ 47-1080. Approval of new streets, buildings, etc., required of commission. 

Whenever the commission shall have adopted the master plan of the mu- 
nicipality and its environs or of one or more major sections or districts there- 
of, no new street or other public way, square, park, grounds or open space, 
public building, structure or utility, whether publicly or privately owned, 
shall be constructed or authorized in the municipality or its environs or in 
such planned section or district until the location, character and extent there- 
of shall have been submitted to and approved by the commission. 

1950 (46) 2235. 

§ 47-1081. Disapproval of commission may be overruled by council. 

In case of disapproval the commission shall communicate its reasons to 
the city council which may overrule such disapproval by the recorded vote 
of not less than two-thirds of its entire membership. 

1950 (46) 2235. 

§ 47-1082. Submission, etc., when city council has no jurisdiction. 

If the proposed public way, grounds, space, building, structure or utility 
within such municipality or its environs be one the authorization or financing 
of which does not, under the provisions of law governing the same, fall 
within the jurisdiction of the city council, the submission to the planning com- 
mission shall be by the board, commission or body having such jurisdiction 
and the planning commission's disapproval may be overruled by such board, 
commission or body by a vote of not less than two-thirds of its membership. 

1950 (46) 2235. 

[5 SC Code] — II 161 



§ 47-1033 Code of Laws of South Carolina § 47-1086 

§ 47-1083. Effect of failure of commission to act. 

The failure of the planning commission to act upon any proposal within 
sixty days after the date of official submission to it shall constitute an ap- 
proval of such proposal. 

19S0 (46) 2235. 

§ 47-1084. Regulations as to subdivisions. 

Before adopting a major street plan the planning commission shall pre- 
pare regulations governing the subdivision of land within its jurisdiction. 
Such regulations may provide for the proper arrangement of streets in re- 
lation to other existing planned streets and to the master plan, for adequate 
and convenient open spaces for traffic, utilities, access of fire-fighting appara- 
tus, recreation, light and air and for the avoidance of congestion of popula- 
tion, including minimum frontage and area of lots. 

Such regulations may also include provisions governing the extent to which 
streets and other ways shall be graded and improved and the extent to which 
water, sewer and other utility mains, piping or other facilities shall be in- 
stalled as a condition precedent to the approval of the plat. The regulations 
or practice of the commission may provide for a tentative approval of the 
plat previous to such installation; but any such tentative approval shall be 
revocable and shall not be entered on the plat. 

Before any such regulations shall be adopted by the commission, a public 
hearing shall be held thereon, notice of the time and place of which shall be 
given at least one publication fifteen days prior to the date of such hearing 
in a newspaper having general circulation in the municipality. 

1950 (46) 2235. 

§ 47-1085. Hearing after submission of plat. 

Any plat submitted to the commission shall contain the name and address 
of a person to whom notice of a hearing shall be sent; and no plat shall be 
acted on by the commission without affording a hearing thereon. Notice 
shall be sent to the said address by registered mail of the time and place of 
such hearing not less than five days before the date fixed therefor. 

1950 (46) 2235. 

§ 47-1086. Action on plat submitted. 

The planning commission shall approve or disapprove a subdivision plat 
within thirty days after the submission thereof to it; otherwise such plat 
shall be deemed to have been approved and a certificate to that effect shall be 
issued by the commission on demand. But an applicant for the commission's 
approval may waive this requirement and consent to an extension of such 
period. The ground of disapproval of any plat shall be stated upon the records 
of the commission. 

1950 (46) 2235. 

162 15 SC Code] 



§47-1037 Municipal Corporations §47-1090 

§ 47-1087. Agreements as to use, height of buildings, etc. 

The commission may agree with an applicant upon the use, height, area or 
bulk requirements or restrictions governing buildings and premises within 
the subdivision, provided such requirements or restrictions do not authorize 
the violation of the then effective zoning ordinance of the municipality. Such 
requirement or restrictions shall be stated upon the plat prior to the approval 
and recording thereof and shall have the same force of law and be enforceable 
in the same manner and with the same sanctions and penalties and subject 
to the power of amendment or repeal as though set out as a part of the zoning 
ordinance of the municipality. 

1950 (46) 2235. 

§ 47-1088. Bond for compliance with regulations. 

In lieu of the completion of such improvements and utilities prior to the 
final approval of the plat, the commission may accept a bond with adequate 
surety to guarantee to the municipality the actual construction and installa- 
tion of such improvements or utilities at a time and according to specifications 
fixed by or in accordance with the regulations of the commission. The mu- 
nicipality may enforce such bond by all appropriate legal and equitable meas- 
ures. 

1950 (46) 2235. 

§47-1089. Effect of approval of plat. 

Every plat approved by the commission shall, by virtue of such approval, 
be deemed to be an amendment of, an addition to or a detail of the municipal 
plan and a part thereof. Approval of a subdivision plat shall not be deemed 
to constitute an acceptance by the public of any street or other open space 
shown upon the plat. 

1950 (46) 2235. 

§ 47-1090. Sales by unapproved plat. 

Whoever, being the owner or agent of the owner of any land located within 
a subdivision, transfers or sells or agrees to sell or negotiates to sell any land 
by reference to or exhibition of or by other use of a plat of a subdivision before 
such plat has been approved by the planning commission and recorded in the 
office in the county where deeds are required to be recorded shall forfeit and 
pay a penalty of one hundred dollars to the municipality for each lot or parcel 
so transferred or sold or agreed or negotiated to be sold and the description 
of such lot or parcel by metes and bounds in the instrument of transfer or other 
document used in the process of selling or transferring shall not exempt the 
transaction from such penalties or from the remedies herein provided. The 
municipality may enjoin such transfer or sale or agreement by action for in- 
junction brought in any court of competent jurisdiction and may also recover 
such penalty by civil action in any court of competent jurisdiction. 

1950 (46) 2235. 

163 



§47-1091 Code of Laws of South Carolina §47-1094 

§ 47-1091. Only approved subdivision plats to be recorded. 

Whenever the commission shall have adopted a major street plan of the 
territory within its jurisdiction or part thereof, no plat of a subdivision of land 
within such territory or part shall be filed or recorded until it shall have been 
approved by the planning commission and such approval entered in writing 
on the plat by the chairman and two other members of the commission. The 
county official whose duty it is to accept and record plats of real estate shall 
not accept, file or record any subdivision plat in such office without the ap- 
proval of the planning commission of such municipality within the area of its 
jurisdiction under the provisions of this article and should such public official 
violate the provisions of this section he shall in each instance be subject to the 
penalty provided in § 47-1090 and the municipality shall have the same rights 
and remedies as to enforcement or collection as therein provided and may en- 
join any violation thereof. 

1950 (46) 2235. 

§ 47-1092. Jurisdiction of commission over plats exclusive. 

When a planning commission shall have control over subdivisions, as pro- 
vided in this article, the jurisdiction of the planning commission over plats 
shall be exclusive within the territory under its jurisdiction and all statutory 
control over plats or subdivisions of land granted by other statutes shall, 
in so far as it be in harmony with the provisions of this article, be deemed 
transferred to the planning commission of such municipality. 

1950 (46) 2235. 

§ 47-1093. Building or set-back lines on streets. 

Whenever the plan for a major street system has been adopted and properly 
filed, the city council, upon recommendation of the planning commission, may 
establish, regulate and limit, by ordinance, building or set-back lines on such 
existing and proposed major streets and prohibit any new building being lo- 
cated within such building or set-back line within the territorial jurisdiction 
of the planning commission. The city council shall provide for the method 
by which this section shall be enforced. The zoning board of adjustment may 
modify or vary the set-back regulations in specific cases, in order that un- 
warranted hardship, which constitutes a complete deprivation of use as dis- 
tinguished from merely granting a privilege, may be avoided, yet the in- 
tended purpose of the regulations shall be strictly observed and the public 
welfare and public safety protected. No set-back regulations shall be adopted, 
changed or amended until a public hearing has been held thereon after not 
less than fifteen days' notice of the time and place of such hearing shall have 
been given by publication in one or more issues of a paper having general 
circulation in such city. 

1950 (46) 2235. 

§ 47-1094. Recommendations of zoning ordinance amendments. 

The planning commission may, from time to time, recommend to the city 
council amendments of the zoning ordinance or additions thereto to conform 

164 



§47-1101 Municipal Corporations §47-1104 

to the commission's recommendations for the zoning regulation of the ter- 
ritory within approved subdivisions. 
1950 (.46) 2235. 

Article 4. 
Planning Commissions in Aiken and North Augusta. 

§ 47-1101. Creation and constitution. 

There are hereby created as parts of the governments of the cities of Aiken 
and North Augusta commissions, each to be known and designated as the city 
planning commission. Each such commission shall consist of four citizens 
of the city to be elected by the city council, with the mayor as an ex officio 
member thereof. Two members of the original commission in Aiken having 
been elected each for a term of four years and the other two members having 
been elected each for a term of two years, their successors have been and shall 
hereafter be elected for terms of four years. The term of the members of the 
commission in North Augusta shall be for two years. 

1942 Code §7675-45; 1939 (41) 384; 1946 (44) 1409. 

§ 47-1102. Consulting service ; other help and expenses in North Augusta. 

The commission for North Augusta may employ consulting advice on munic- 
ipal problems and such other help as may be necessary and pay for such 
services including necessary disbursements incurred by its members in the 
performance of their duties under the direction of the commission from such 
funds as may be pledged at the disposal of the commission by authority of 
the city council. 

1942 Code §7675-45: 1939 (41) 384. 

§ 47-1103. Preparation of zoning plan. 

Each such commission shall prepare and submit to the city council a com- 
prehensive plan for the zoning of the city for the purpose of suggesting the 
proper location of trades, industries, dwellings, apartment houses or business 
places or for the purpose of regulating, the height and width of buildings, the 
area of lots, the provision of yard space, the fixing of building lines, the laying 
out, widening, extending and parking or location of streets, sidewalks, and 
boulevards, the relief of traffic conditions, the regulation of health or sanitary 
conditions, the establishment of zones or districts and the prevention of con- 
gestion and the development of insanitary conditions. The plan shall con- 
tain suggestions concerning the use, height, area and bulk of buildings or 
structures and plans for the future growth, development and improvement 
of the city. 

1942 Code §7675-45; 1939 (41) 384; 1946 (44) 1409. 

§ 47-1104. Commission to submit plan for zoning; public hearing; changes. 

No ordinance adopting zoning regulations as herein authorized shall be 
passed by the city council of either such city until and after a comprehensive 
plan for the zoning of the city has been prepared and submitted to the council 

165 



• 



§47-1105 Code of Laws of South Carolina §47-1106 

by the commission. Whenever the commission shall certify to the city council 
a plan for the zoning of the city, the city shall have a public hearing thereon 
and shall give thirty days notice of the time and place thereof by (a) publish- 
ing such notice at least once in a newspaper published in the city in the case 
of the city of Aiken or (b) posting proper notices within the city in the case 
of the citv of North Augusta, and during such period of thirty days a copy of 
such plan and proposed ordinance shall be on file for public examination in 
the office of the clerk of the city council. No ordinance, measure or regulation 
which violates, differs or departs from the plan or report of the commission 
shall take effect unless passed by a three-fo"urths vote of the entire city coun- 
cil. 

1942 Code §7675-45; 1939 (41) 3S4; 1946 (44) 1409. 

§47-1105. Zoning ordinance. 

The city council of either such city may in the interest of the public health, 
safety, order, convenience, comfort, prosperity or general welfare adopt by 
ordinance a plan for the districting or zoning of the city for the purpose of reg- 
ulating the location of trade, industries, apartment houses, dwellings or any 
use of property or for the purpose of regulating the height of buildings or other 
structures of the area or dimensions of the lots or of the yards used in connec- 
tion with buildings or other structures near street frontage. The zoning reg- 
ulations may be based upon any one or more of the purposes above described. 
The city may be divided into such numbers of zones or districts and such 
districts may be of such shape and area as the city council shall deem best 
suited to accomplish the purpose of the zoning regulations. In the determina- 
tion and establishment of districts and regulations, classification may be 
based on the nature or character of the interest, trade, industry, profession or 
other activity conducted or to be conducted upon the premises, the number of 
persons, families or other group units who reside in or use the buildings, the 
public, quasi-public or private nature of the use of the premises or upon any 
other basis relevant to the promotion of the public health, safety, order, morals, 
convenience, prosperity or general welfare. 

1942 Code §7675-45; 1939 (41) 384; 1946 (44) 1409. 

§ 47-1106. Amendment of zoning ordinance. 

The city council of either such city may from time to time amend or change 
the regulations or districts established by the zoning ordinance, but no such 
amendment or change shall become effective unless the ordinance proposing 
such change or amendment shall first be submitted to the commission for 
approval or disapproval and the commission shall have been allowed a reason- 
able time of not less than thirty days for a consideration and report thereon. 

Whenever the owners of fifty per cent of the land in any area shall present a 
petition duly signed and acknowledged to the city council requesting an 
amendment to the regulation prescribed for such area, the city council shall 
vote upon such amendment within ninety days of the filing of it by the peti- 
tioners with the clerk of the council. The clerk of the council shall immediately 

166 



§47-1107 Municipal Corporations §47-1110 

upon the filing of such petition transmit a copy thereof to the commission for a 
report thereon. 

1942 Code §7675-45; 1939 (41) 384; 1946 (441 1409. 

§ 47-1107. Council to submit certain ordinances to commission. 

Xo ordinance or resolution authorizing any building, repairs, work or im- 
provements which are to be done by authority of the city or for the benefit of 
the city shall be passed by the city council of either such city unless and until 
it shall have been first submitted to the commission of such city for its con- 
sideration and a report made thereon. Afterwards the city council may ac- 
cept or reject the report of the commission. But the provisions of this sec- 
tion shall not apply to school buildings, viaducts, drains, street fixtures, 
bridges and other street structures and appurtenances or to the opening, widen- 
ing, vacation or extension of any street. 

1942 Code §7675-15; 1939 (41) 384; 1946 (44) 1409. 

§47-1108. Clerk to refer such ordinances; when council may act without re- 
port. 

When any ordinance or resolution relating to the matters named in § 47- 
1107 is introduced in the city council of either such city the clerk of the council 
shall, upon its introduction, refer such ordinance or resolution to the commis- 
sion and the council shall not act thereon until and after a report shall be 
made by the commission, as above stated, except when such report is delayed 
beyond a period of thirty days and then the city council may take it up and 
pass it without such report. 

1942 Code §7675-45; 1939 (41) 3S4; 1946 (44) 1409. 

§47-1109. Permit to build or repair. 

No building, structure, dwelling, barn, stable or outhouse or any other physi- 
cal change, addition or substitution in the nature of a repair shall be permitted 
in either such city until after permission is duly granted the owner thereof by 
the city council. Xo new buildings or structures of any kind or nature, of 
any kind of material, shall be permitted to be built or erected within the city 
limits of either such city until and after a permit has been duly issued therefor 
by the city council under the approval of the commission. 

1942 Code §7675-45; 1939 (41) 3S4; 1946 (44) 1409. 

§ 47-1 110. Building inspector ; appeals. 

The zoning regulations shall be enforced and administered by some suitable 
person elected by the mayor and city council, in Aiken to hold office at their 
pleasure and in North Augusta for a term of two years, to be known as the 
building inspector for the city and under the direction and regulation of the 
commission. The commission shall hear and decide any and all appeals from 
any order and review any order or judgment, requirement, decision or deter- 
mination made by the building inspector in the enforcement of the zoning reg- 
ulations. 

1942 Code §7675^(5; 1939 (41) 3S4; 1946 (44) 1409. 

167 



§47-1111 



Code of Laws of South Carolina 



§47-1113 



§47-1111. Appeals from commission. 

Every final decision of either such commission shall he subject to appeal to 
the court of common pleas in the same manner as appeals are provided for 
from a magistrate's court. 

1942 Code §7675^15; 1939 (41) 384; 1946 (44) 1409. 

§ 47-1 112. Appropriations ; acceptance and use of gifts. 

The city council of either such city may make such appropriations as it 
deems wise for carrying on the work of the commission. The commission 
may receive gifts, bequests and devises of property and carry out the general 
purposes thereof. When such gifts, bequests or devises are made to the 
commission it shall have full, complete and final control over them and they 
shall not pass into the city's treasury or otherwise be counted as a part of 
the revenue of the city. 

1942 Code §7675-15; 1939 (41) 384; 1946 (44) 1409. 

§ 47-1113. Cooperation of city officials. 

All officials of the city shall at all times render assistance to the commission 
of such city when called upon to do so. 

1942 Code §7675^15; 1939 (41) 384; 1946 (44) 1409. 



CHAPTER 10. 

Building Code and Prevention of Fires Generally.* 



Article 1. 

General Provisions. 
Sec. 

47-1151. Application of chapter. 

47-1152. Building codes in cities in counties 
containing a city over 60,000, 1930 
census. 

47-1153. Building code in the city of Green- 
ville. 

47-1154. Fire department; fire limits and 
construction therein. 

47-1155. Jurisdiction of fire departments of 
Batesburg and Leesville. 

47-1156. Hours of employment of firemen 
in certain cities of ten thousand 
or more. 

47-1157. Tax for fire department in Walter- 
fa oro. 

47-1158. Fire alarm boxes in hospitals and 
public schools. 

47-1159. Amount of explosives, etc., that 
may be kept. 



Article 2. 

Chief of Fire Department; 
Inspectors, etc. 

Sec. 

47-1160. Ashes, oily rags and waste, un- 
slacked lime and stoves. 

47-1171. Chief of fire department. 

47-1172. Inspectors of buildings. 

47-1173. Deputy building inspector. 

47-1174. Electrical inspector. 

47-1175. City council may overrule inspec- 
tor. 

47-1176. Inspectors of buildings to inquire 
into fires. 

47-1177. Report to Insurance Commis- 
sioner. 

47-1178. Fee for inquiry; from whom de- 
rived. 

47-1179. Procedure and penalty in cases of 
criminal carelessness. 

47-1180. Procedure when municipality fails 
to appoint inspector. 

47-1180.1. Penalties; enforcement. 



* As to firemen's insurance and inspection fund, see §§ 37-1151 to 37-1168. As to fire- 
men's pension funds in certain cities, see §§ 61-351 to 61-437. As to pensions in fire de- 
partment of Spartanburg, see § 61-602. 

168 



Municipal Corporations 



Sec. 

47-1 
47-1 

47-1 
47-1 
47-1 

47-1 

47-1 

47-1 

47-1 
47-1 

47-1 

47-1 

47-1 
47-1 
47-1 
47-1 
47-1 



Article 3. 
Building Permits, Inspections, etc. 



181, 

182. 

183. 
184. 
1S5. 
186. 

187. 

188. 

189. 
190. 

191. 

192. 

193. 
194. 
195. 
196. 

197. 



47-1198. 



Fire 
47-1211 



Building permit. 

Inspections and certificate of com- 
pliance. 

Permit for removal of building. 
Right to enter premises. 
Reports of noncompliance. 
Quarterly inspections of premises 

within fire limits; reports. 
Annual inspections of all buildings; 

notice to owner of defects. 
Procedure in case of defective or 

illegal construction. 
Notice to repair unsafe buildings. 
Approval required of proposed 

alterations. 
Failure of owner to correct defects 

in new building. 
Penalty when owner of unsafe 

building fails to remedy defects. 
Removal of notice a misdemeanor. 
Record to be kept by inspector. 
Reports of inspections. 
Misconduct of inspector. 
Fees for inspections; compensation 

of inspectors. 
Same; fees in cities of seventy 

thousand or more. 

Article 4. 
Limits and Construction Therein. 



1. Municipalities must pass fire limit 
ordinances. 

47-1212. How buildings in fire limits to be 
constructed. 

47-1213. No frame structures to be built or 
moved within fire limits; excep- 
tions. 

47-1214. Construction of certain extra haz- 
ardous buildings in fire limits. 

47-1215. Repaids to roofs within fire limits. 

47-1216. When damaged buildings removed. 

Article 5. 

Construction Regulations Generally. 

47-1221. Height of buildings; floor area be- 
tween walls. 
47-1222. Same; exception for Columbia. 
47-1223. Same; exception for Greenville. 
47-1224. Height of frame buildings. 
47-1225. Schedule of dimensions for walls. 



Sec. 

47-1226. When lesser thickness permissible. 

47-1227. Roofs of such buildings. 

47-1228. Specifications as to foundations. 

47-1229. Openings in walls; standard fire 
doors; windows, etc. 

47-1230. Business buildings to have stand- 
pipes; connections to be free. 

47-1231. Specifications as to joists and tim- 
bers. 

47-1232. Structures around chimneys, fire- 
places, etc. 

47-1233. Construction of fireplaces and 
chimneys. 

47-1234. Further regulations as to chimneys. 

47-1235. Construction of flues. 

47-1236. Hanging flues. 

47-1237. Stovepipe construction. 

47-1238. Correction of dangerous chimneys, 
flues or heating apparatus. 

47-1239. Foundry chimneys. 

47-1240. Steam pipes. 

47-1241. Heater pipes. 

47-1242. Registers, register boxes and cold 
air ducts for hot air furnaces. 

47-1243. Ranges and stoves. 

47-1244. Combustible floors under coal 
ranges. 

47-1245. Protection of woodwork near boil- 
ers, furnaces, etc. 

47-1246. Gas, gasoline, oil or charcoal stoves 
or heating devices. 

47-1247. Gas connections. 

47-1248. Electric wiring. 

47-1249. Inspections of electrical wiring; 
alterations. 

47-1250. Stair and elevator shafts and parti- 
tions. 

47-1251. Door openings in stair and eleva- 
tor enclosures. 

47-1252. Certain skylights. 

47-1253. Interior light or vent shafts; dumb- 
waiter shafts. 

47-1254. Restrictions as to certain openings 
in a roof. 

47-1255. Required means of egress. 

47-1256. Stairways. 

47-1257. Fire stopping construction on floor 
levels. 

47-1258. Construction of areaways. 

47-1259. Rows of frame houses. 

47-1260. Buildings outside of fire limits of 
incombustible material. 

47-1261. Construction not provided for 
herein. 



169 



§47-1151 Code of Laws of South Carolina §47-1154 

Article 1. 
General Provisions. 

§47-1151. Application of chapter. 

None of the provisions of this chapter except §§ 47-1154, 47-1135, 47-1157, 
47-1158 and 47-1176 to 47-1180.1 shall apply to towns of less than five thousand 
inhabitants nor shall any of the provisions of this chapter, except §§ 47-1153, 
47-1154, 47-1156, 47-1158 and 47-1176 to 47-1180.1 apply to municipalities of 
five thousand or more inhabitants which shall have adopted the Southern 
Building Code by ordinance. 

1942 Code §7527; 1932 Code §7527; Civ. C. '22 §4642; 1917 (301 77; 1951 (47) 751. 

Cross references. — As to prevention see §§ 37-81 to 37-S4. As to regulation 
and investigation of fires by the Depart- of school buildings, see §§ 21-301 to 21- 
ment of Insurance and by municipalities, 321. 

§47-1152. Building codes in cities in counties containing a city over 60,000, 
1930 census. 

City councils of cities in counties containing a city whose population ex- 
ceeds sixty thousand according to the 1930 United States census may enact 
ordinances regulating the erection of buildings, the materials to be used in 
the construction of such buildings and the plans and specifications thereof. 

1942 Code §7567; 1933 (38) 255. 

§ 47-1153. Building code in the city of Greenville. 

The city council of the city of Greenville may provide by ordinance fire limits 
and regulations covering the construction, alteration, equipment, repair or removal 
of buildings or structures and may adopt as a whole or in part the provisions re- 
lating to the above subject matter as contained in the 1931 revised fifth edition of 
the building code recommended by the national board of fire underwriters. The 
power hereby conferred shall be cumulative to any such as may now be enjoyed 
by the city of Greenville and no inference derogatory of the general powers 
of such municipality in respect to this matter or any other shall be drawn 
from the enactment of this section. 

1942 Code §7675-31; 1936 (39) 1641. 

§ 47-1154. Fire department; fire limits and construction therein. 

Any city or town council of a city or town of not less than one hundred in- 
habitants may equip and control a fire department for the protection of such 
city or town in such way as it deems necessary and by ordinance establish 
fire limits in such city or town and prescribe and designate the kind and char- 
acter of material to be used in erecting and repairing buildings or structures 
within and upon that portion of such city or town included within such fire 
limits. All buildings or structures erected within such fire limits contrary to 
the ordinance of such city or town may be abated and removed by such council 
as a public nuisance. 

1942 Code §§7424, 7439; 1932 Code §§7424, 7439-; Civ. C. '22 §§4536. 4551; Civ. C. '12 
§§2915, 2952; Civ. C. '02 §§1957, 1986; 1896 (22) 67; 1899 {23) 54; 1901 (23) 649; 1906 
(25) 10. 

170 



§47-1155 Municipal Corporations §47-1158 

City may purchase fire hose. — Since this the ground that acts of its officers in buying 

section confers power upon a municipality such goods were ultra vires. United States 

to equip and maintain a fire department, a Rubber Products v. Batesburg, 183 S. C. 

city has the express power to buy and use 49, 190 S. E. 120 (1937). 

fire hose. It cannot escape liability for pay- Applied in Seneca v. Cochran, 84 S. C. 
ment for such hose and other similar goods 279, 66 S. E. 288 (1909); Beattie v. Green- 
had and received for its use and benefit on ville, 113 S. C. 541, 102 S. E. 751 (1920). 

§ 47-1155. Jurisdiction of fire departments of Batesburg and Leesville. 

The jurisdiction of the fire departments of the towns of Batesburg and Lees- 
ville and the protection against fire afforded by such departments is hereby 
extended beyond the corporate limits of the respective towns to include the 
site of the Batesburg-Leesville high school and the buildings situate there- 
on. 

1950 (46) 3286. 

§47-1156. Hours of employment of firemen in certain cities of ten thousand 
or more. 

It shall be unlawful for any mayor, intendant, councilman, alderman, com- 
missioner or member of any council of any city or town having a population 
of ten thousand or more inhabitants, as fixed by the then most recent Federal 
census, to require or cause any fireman employed in the fire department of any 
such city or town to work more than twelve hours during any day of the week 
or more than eighty-four hours during any week. But this section shall not be 
construed as preventing any fireman or person employed by any city or town 
fire department from rendering services in cases of emergency. Any mayor, 
alderman, intendant, commissioner or member of any city or town council who 
violates the terms of this section shall be guilty of a misdemeanor and, upon 
conviction thereof, shall be fined in the sum of not less than one hundred 
dollars, nor more than five hundred dollars, or shall be imprisoned not less 
than thirty days nor more than six months. 

1942 Code 7530; 1932 Code §§7536, 7537; Civ. C. '22 §§4650, 4651; Cr. C. '22 §§525, 
526; 1919 (31) 64S; 1920 (31) 784; 1927 (35) 74. 

§ 47-1157. Tax for fire department in Walterboro. 

The town council of the town of Walterboro may impose by ordinance an 
annual tax not exceeding three mills on all the taxable property within the 
corporate limits of the town for the purpose of providing and maintaining ad- 
ditional equipment and personnel for the fire department. Such tax when so 
imposed by the town council shall be levied and collected as other taxes of the 
town and, for the enforcement and collection thereof, the town council shall 
have all the rights and powers provided by law. 

1942 Code § 7675-57; 1942 (42) 1435. 

§ 47-1158. Fire alarm boxes in hospitals and public schools. 

Each hospital operating over ten beds and all public schools located in a 
city or town in this State in which there is a general fire alarm station and 
an electrically operated fire alarm system shall be equipped with a fire alarm 
box of the type and character used in such city or town, to be located on the 

171 



§47-1159 Code of Laws of South Carolina §47-1172 

premises at such place as the chief of the fire department may direct, and 
when such box is installed by such hospital or public school the municipal au- 
thorities shall connect such box with the general fire alarm system and shall 
thereafter maintain such box in good repair and such municipal authorities or 
their agents may enter every such hospital or school at any reasonable time 
for the purpose of inspecting and repairing any such box. The failure so to 
install and equip any such hospital or public school shall be a misdemeanor 
and punishable by a fine of not less than fifty dollars and not more than one 
hundred dollars or by imprisonment for a period of not less than ten days and 
not more than thirty days at the discretion of the court. 
1942 Code §7386; 1932 Code §7310; 1926 (34) 944. 

§ 47-1159. Amount of explosives, etc., that may be kept. 

Explosives, inflammable liquids and matches may be kept within the cor- 
porate limits only in such quantities and in such manner as shall not cause 
an increase in the insurance rate on any property affected thereby. 

1942 Code §7525; 1932 Code § 7525; Civ. C. '22 §4640; 1917 (30) 77. 

§ 47-1 160. Ashes, oily rags and waste, unslacked lime and stoves. 

Ashes shall be removed in metal vessels and, unless moved by city drays, 
shall be stored in a brick, stone or metal receptacle or removed by owner to a 
place not less than fifteen feet from any wooden building or fence. Oily rags 
and waste shall be kept in closed metal vessels and shall be removed from the 
building daily. Unslacked lime shall not be left exposed to the weather in or 
near a building. Stoves or ranges shall not be nearer to unprotected wood- 
work than two feet and the floors under them shall be protected by metal or 
sand boxes. 

1942 Code § 7524; 1932 Code § 7524; Civ. C. '22 § 4639; 1917 (30) 77. 

Article 2. 
Chief of Fire Department; Inspectors, etc. 

§47-1171. Chief of fire department. 

The city council or governing body of every city and incorporated town 
shall appoint a chief of the city or town fire department and see that such 
officer is reasonably remunerated by the city or town for the services required 
of him by law. When such governing body fails or neglects to perform 
either of such duties the Insurance Commissioner shall call it to their atten- 
tion and, if necessary, bring the matter before the proper court. Nothing 
herein shall prevent any person appointed hereunder from holding some other 
position in the government of such city or town. 

1942 Code §7475; 1932 Code §7475; Civ. C. '22 §4590; 1917 (30) 77. 

§47-1172. Inspectors of buildings. 

The chief of a fire department shall also be the local inspector of buildings for 
the city or town for which he is appointed and shall perform the duties re- 
quired herein and make all reports required by the State law, by city or town 

172 



§47-1173 Municipal Corporations §47-1177 

ordinances or by the Insurance Commissioner. He shall make all inspections 
and perform such duties as may be required by the Insurance Commissioner. 
But any city or town may appoint and reasonably remunerate a local inspector 
of buildings, in which case the chief of the fire department shall be relieved 
of the duties herein imposed. 

1942 Code §7476; 1932 Code §7476; Civ. C. '22 §4591; 1917 (30) 77. 

Cross reference. — As to building per- 
mits, inspections, etc., see §§47-1181 to 
47-1198. 

§ 47-1173. Deputy building inspector. 

All duties imposed by this chapter upon the building inspector may be per- 
formed by a deputy, duly appointed and approved by the city council or other 
governing body of the town. 

1942 Code §7478: 1932 Code § 747S; Civ. C. '22 §4593; 1917 (30) 77. 

§47-1174. Electrical inspector. 

The city council of any incorporated city or town may, in its discretion, 
appoint an electrical inspector in addition to the building inspector and when 
such electrical inspector is so appointed he shall do and perform all things 
herein set out for the building inspector to do and perform in regard to elec- 
trical wiring and certificates for such wiring and in such cases the building 
inspector shall be relieved of such duties. 

1942 Code §7477; 1932 Code §7477; Civ. C. '22 §4592; 1917 (30) 77. 

§ 47-1175. City council may overrule inspector. 

The city council may at any time review, reverse, modify or affirm any ac- 
tion or order given by the inspector. 

1942 Code §7475; 1932 Code §7475; Civ. C. '22 §4590; 1917 (30) 77. 

§ 47-1176. Inspectors of buildings to inquire into fires. 

The inspector of buildings of every incorporated city or town in this State 
shall hold an inquiry into the origin of every fire occurring within the limits 
of such city or town. The inspector of buildings may send for persons and 
papers, subpoena witnesses and compel attendance as may magistrates of 
the State. The mayor, chief of the fire department or other municipal officer 
may be ex officio inspector of buildings. 

1942 Code §7259; 1932 Code §7259; Civ. C. '22 §4414; 1917 (30) 361. 

§ 47-1177. Report to Insurance Commissioner. 

After making a complete inquiry upon such fire any such inspector of 
buildings shall make report in writing to the Insurance Commissioner upon 
blanks to be furnished by the Commissioner, showing how, in his opinion, the 
fire originated. 

1942 Code §7260; 1932 Code §7260; Civ. C. '22 §4415; 1917 (30) 361. 

173 



§47-1178 Code of Laws of South Carolina §47-1181 

§ 47-1178. Fee for inquiry; from whom derived. 

An inspector of buildings shall be entitled to a fee of three dollars for 
making any such inquiry, such fee to be taxed against the person owning 
the property burned, if the fire was caused by faulty construction or negligence 
of the owner ; but in case the inspector shall conclude that the fire was due 
to lack of proper care on the part of the occupant of the house in which the 
fire occurred, the fee shall be paid by the occupant, except that, upon affidavit 
made that the occupant is in indigent circumstance and is unable to pay the 
fee, it shall be paid by the municipality within the limits of which the fire 
occurred or, if it shall have been without the limits of the municipality, the fee 
shall be paid by the Insurance Commissioner out of funds available for this 
purpose. And when the fire originated from accidental causes the fee shall be 
paid by the Insurance Commissioner out of funds available for this purpose. 

1942 Code §7261; 1932 Code §7261; Civ. C. '22 §4416; 1917 (30) 361. 

§ 47-1179. Procedure and penalty in cases of criminal carelessness. 

If the officer shall consider that the fire be due to criminal carelessness, the 
person responsible for it shall be indicted before a magistrate for a misde- 
meanor and, upon conviction of the same, may be fined in a sum not exceeding 
fifty dollars or imprisoned for not more than ten days. 

1942 Code §7262; 1932 Code §7262; Civ. C. '22 §4417; Cr. C. '22 § 119; 1917 (30) 361. 

§ 47-1180. Procedure when municipality fails to appoint inspector. 

If the governing body of any municipality shall fail or refuse to appoint 
an officer to make the investigation required, the Insurance Commissioner shall 
make such appointment. 

1942 Code §7263; 1932 Code §7263; Civ. C. '22 §4418; 1917 (30) 361. 

§ 47-1180.1. Penalties; enforcement. 

An officer so appointed who, after accepting such appointment, shall fail 
to carry out the provisions of §§ 47-1176 and 47-1177 shall be liable to a 
penalty of twenty-five dollars, recoverable before a magistrate, and to dis- 
missal from office. The Insurance Commissioner shall enforce the provisions 
of §§47-1176 to 47-1180.1. 

1942 Code §7264; 1932 Code §7264; Civ. C. '22 §4419; 1917 (30) 361. 

Article 3. 
Building Permits, Inspections, etc. 

§47-1181. Building permit. 

Before a building is begun the owner of the property shall apply to the in- 
spector for a permit to build. This permit shall be given in writing and shall 
contain a provision that the building shall be constructed according to the 
requirements of this chapter. This requirement shall not prevent cities or 
towns from requiring submission of plans to the city engineer. 

1942 Code §7479; 1932 Code §7479; Civ. C. '22 §4594; 1917 (30) 77. 

174 



§47-1182 Municipal Corporations §47-1186 

§ 47-1182. Inspections and certificate of compliance. 

As the construction of any building progresses the inspector shall make 
as many inspections as may be necessary to satisfy him that the building is 
being constructed according to the provisions of this chapter. As soon as 
the building is completed the owner shall notify the inspector, who shall pro- 
ceed at once to inspect the building and determine whether or not the flues 
and the building are properly constructed in accordance with the provisions 
of this chapter. If the building meets the requirements of the provisions 
of this chapter, the inspector shall then issue to the owner of the building 
a certificate which shall state that he has complied with the requirements of 
this chapter as to that particular building, giving a description and the locality 
and street number, if numbered. 

1942 Code §7479; 1932 Code §7479: Civ. C. '22 §4594; 1917 (30) 77. 

§ 47-1 183. Permit for removal of building. 

No building shall be moved until a permit has been obtained from the 
inspector and such official shall not issue such a permit if in his judgment 
the proposed new location of the building would seriously increase the fire 
hazard of the surrounding buildings. 

1942 Code §7479; 1932 Code §7479; Civ. C. '22 §4594; 1917 (30) 77. 

§47-1184. Right to enter premises. 

The local inspector alone, or with the Insurance Commissioner or his dep- 
uty, shall at all times have the right to enter any dwelling, store or other 
building and premises to inspect them, without molestation from any one. 

1942 Code §7481; 1932 Code §7481; Civ. C. '22 §4596; 1917 (300) 77. 

§ 47-1 185. Reports of noncompliance. 

The inspector shall report to the Insurance Commissioner every person 
neglecting to secure such permit and certificate and shall also bring the mat- 
ter before the mayor or recorder of the municipal court for his attention and 
action. 

1942 Code §7479; 1932 Code §7479; Civ. C. '22 §4594; 1917 (30) 77. 

§ 47-1 186. Quarterly inspections of premises within fire limits ; reports. 

Once in every three months the inspector or his deputy shall make a per- 
sonal inspection of every building and premises within the fire limits and 
shall especially inspect the basement and garret and he shall make such other 
inspections as may be required by the Insurance Commissioner. He shall re- 
port to the city council and to the Insurance Commissioner all defects found 
by him in any building and all dangerous conditions on premises upon a blank 
, furnished by the Insurance Commissioner. The inspector shall notify the 
owner or occupant of buildings of any defects and notify them to correct them 
within a reasonable time. 

1942 Code §7480; 1932 Code §7480; Civ. C. '22 §4595; 1917 (30) 77. 

175 



§47-1187 Code of Laws of South Carolina §47-1191 

§ 47-1 187. Annual inspections of all buildings ; notice to owner of defects. 

At least once in each and every year the inspector or his deputy shall make 
a general inspection of all buildings in the corporate limits and ascertain if 
the provisions of this chapter are being complied with. The local inspector 
shall notify the occupant and owner of any premises of any defects found in 
this general inspection and shall see that they are properly corrected and 
that dangerous inflammable conditions on the premises are removed. 

1942 Code §7481; 1932 Code §7481; Civ. C. '22 §4596; 1917 (30) 77. 

§ 47-1 188. Procedure in case of defective or illegal construction. 

Whenever the inspector finds any defects in any new building or finds that 
such building is not being constructed or has not been constructed in accord- 
ance with the provisions of this chapter or that an old building, because of its 
-condition, is dangerous and likely to cause fire, he shall notify the owner of 
such building of such defects or of such failure to comply with the provisions 
of this chapter and such owner or builder shall immediately remedy the de- 
fect and make the building comply with the provisions of this chapter. The 
owner or builder may appeal from the decision of the inspector to the city 
council. 

1942 Code §7485; 1932 Code §7485; Civ. C. '22 §4600; 1917 (30) 77. 

§ 47-1189. Notice to repair unsafe buildings. 

To every building which shall appear to the inspector to be dangerous to life 
or limb or, because of its liability to fire, bad condition of walls, overloaded 
floors, defective construction, decay or other cause, shall be held to be unsafe 
the inspector shall affix a notice of the dangerous character of the structure 
at a conspicuous place on the exterior wall of the building and shall give im- 
mediate notice to the owner or agent, fixing a reasonable time under the cir- 
cumstances for the correction of such condition. 

1942 Code §7486; 1932 Code §7486; Civ. C. '22 §4601; 1917 (30) 77. 

§ 47-1190. Approval required of proposed alterations. 

No building shall be altered, repaired or moved until it has been examined 
and approved by the inspector as being in a good and safe condition to be 
altered as proposed and the alteration, repair or change so made shall con- 
form to the provisions of this chapter. 

1942 Code §7486; 1932 Code §7486; Civ. C. '22 §4601; 1917 (30) 77. 

§ 47-1191. Failure of owner to correct defects in new building. 

If the owner or builder erecting any ngjv. building, upon notice from the 
inspector, shall fail or refuse to comply with the terms of the notice by cor- 
recting the defects pointed out in such notice so as to make such building 
comply with the law as regards new buildings, he shall be guilty of a mis- 
demeanor and shall be fined not exceeding fifty dollars. Every twenty days 
during which any defect in the building is wilfully allowed to remain, after no- 
tice from the inspector, shall constitute a separate and distinct offense. 

1942 Code § 7488; 1932 Code § 74S8; Civ. C. '22 § 4603; Cr. C. '22 §299; 1917 (30) 77. 

176 



§47-1192 Municipal Corporations §47-1196 

§47-1192. Penalty when owner of unsafe building fails to remedy defects. 

If the owner of any building which has been condemned as unsafe and 
dangerous by any local inspector, after being notified by the inspector in 
writing of the unsafe and dangerous character of such building, shall permit 
it to stand or continue in that condition, he shall forfeit and pay a fine of not 
less than five dollars nor more than twenty-five dollars for each day such build- 
ing continues in such condition after such notice. 

1942 Code §7490; 1932 Code §7490; Civ. C. '22 §4605; Cr. C. '22 §301; 1917 (30) 77. 

§ 47-1193. Removal of notice a misdemeanor. 

If any person shall remove any notice which has been affixed to any building 
by the inspector of any city or town stating the dangerous character of the 
building, he shall be guilty of a misdemeanor and be fined not less than ten 
nor more than fifty dollars for each offense. 

1942 Code §7489; 1932 Code §7489; Civ. C. '22 §4604; Cr. C. '22 §300; 1917 (30) 77. 

§ 47-1 194. Record to be kept by inspector. 

The inspector shall keep the following records: 

(1) A book indexed and kept so that it will show readily by reference all 
such buildings as are approved, that is the name and residence of the owner, 
the location of the building, how it is or is to be occupied, the date of inspec- 
tion, what defects were found and when remedied and date of the building 
certificate; 

(2) A record which shall show the date of every general inspection, defects 
discovered and when remedied ; 

(3) A record which shall show the date, circumstances and origin of every 
fire that occurs, the name of the owner and occupant of the building in which 
the fire originated and the kind and value of property destroyed or damaged ; 
and 

(4) A record of inspection of electrical wiring and certificates issued. 
1942 Code §7482; 1932 Code §7482; Civ. C. '22 §4597; 1917 (30) 77. 

§ 47-1195. Reports of inspections. 

The inspector shall report before the 15th day of February of each year the 
number and dates of his general and quarterly inspections during the year 
ending the preceding 31st day of December upon blanks furnished by the In- 
surance Commissioner and shall furnish such other information and make 
such other reports as shall be called for by the Insurance Commissioner. 

1942 Code §7483; 1932 Code §7483; Civ. C. '22 §4598; 1917 (30) 77. 

§47-1196. Misconduct of inspector. 

If the inspector shall (a) fail to perform the duties required of him by law, 
(b) give a certificate of inspection without first making the inspection required 
by law, or (c) improperly give a certificate of inspection, he shall be guilty of a 
misdemeanor and, upon conviction, shall be fined not exceeding fifty dollars or 
may be discharged from office. 

1942 Code §7487; 1932 Code §7487; Civ. C. '22 §4602; 1917 (30) 77. 
[5SCCode] — !2 177 



§47-1197 Code of Laws of South Carolina §47-1213 

§ 47-1197. Fees for inspections ; compensation of inspectors. 

For every inspection of a new building or of an old building- repaired or 
altered the following fees shall be charged: two dollars for each mercantile 
store room, livery stable or building for manufacturing of one story, and fifty 
cents per room. But the inspection fee shall in no case exceed five dollars. 
Before issuing any building permit such fee shall be paid to the city treasurer. 
The building inspector shall be paid adequate compensation by the city or 
town for inspections made under the terms of this chapter. 

1942 Code §7484; 1932 Code §7484; Civ. C. '22 §4599; 1917 (30) 77. 

§ 47-1198. Same; fees in cities of seventy thousand or more. 

Cities having a population of seventy thousand or more, according to the 
official United States census, may establish a schedule of fees for the inspec- 
tion of new buildings and the inspection of repairs to or alterations of existing 
buildings, which shall not exceed two dollars for any construction, repairs or 
alterations costing less than two thousand dollars, and shall not exceed one 
dollar for each and every one thousand dollars of cost of construction, repairs 
or alterations costing in excess of two thousand dollars. 

1945 (44) 33. 

Article 4. 
Fire Limits and Construction Therein. 

§ 47-1211. Municipalities must pass fire limit ordinances. 

The city council or governing body of every incorporated city or town 
shall pass an ordinance establishing and denning fire limits, which shall in- 
clude the principal business portion of the city or town. 

1942 Code §7491; 1932 Code §7491; Civ. C. '22 §4606; 1917 (30) 77. 

§ 47-1212. How buildings in fire limits to be constructed. 

Every building hereafter erected or enlarged within the fire limits shall be 
enclosed on all sides with walls constructed wholly of stone, well burned brick, 
terra cotta concrete or other equivalent incombustible materials and shall have 
the roof, roof top and sides of all roof structures, including dormer windows, 
covered with incombustible material. All cornices shall be of incombustible 
material. 

1942 Code §7492; 1932 Code §7492; Civ. C. '22 §4607; 1917 (30) 77. 

§47-1213. No frame structures to be built or moved within fire limits; ex- 
ceptions. 
No frame or wood structure shall be built within such fire limits except the 
following (and all roofs placed upon such buildings or structures shall have 
an incombustible covering) : (a) temporary one-story frame buildings for 
the use of builders and (b) wooden fences not over eight feet high. No frame 
building shall be moved from without to within the fire limits. 
1942 Code § 7493; 1932 Code §7493; Civ. C. '22 §4608; 1917 (30) 77. 

178 [5SCCode] 



§ 47-1214 Municipal Corporations § 47-1222 

§ 47-1214. Construction of certain extra hazardous buildings in fire limits. 

No building shall hereafter be built for a public garage, coffee roaster, 
bakery, dry cleaning establishment or steam laundry within the fire limits, 
unless it be of slow-burning construction with exterior walls and roof of in- 
combustible material. 

1942 Code §7495; 1932 Code §7495; Civ. C. '22 §4610; 1917 (30) 77. 

§ 47-1215. Repairs to roofs within fire limits. 

All repairs to roofs within the fire limits shall be by the use of incombustible 
materials. 

1942 Code §7494; 1932 Code §7494; Civ. C. '22 §4609; 1917 (30) 77. 

§ 47-1216. When damaged buildings removed. 

An existing frame building within the fire limits which may hereafter be 
damaged by fire, decay or otherwise to an amount greater than one half of 
its value on February 20 1917, exclusive of the foundation, shall not be re- 
paired or rebuilt but shall be removed. 

1942 Code §7494; 1932 Code §7494; Civ. C. '22 §4609; 1917 (30) 77. 

Article 5. 
Construction Regulations Generally. 

§ 47-1221. Height of buildings ; floor area between walls. 

No building hereafter erected or altered shall exceed four stories or fifty-five 
feet in height, unless it be of fireproof construction, when it shall not exceed 
fifteen stories or one hundred and ninety feet. Except when built as specified 
in § 47-1259 no building hereafter erected having walls of hollow terra cotta or 
concrete blocks shall exceed three stories or forty feet in height. The floor area 
between fire walls of non-fireproof buildings shall not exceed the following: 
when fronting on one street, five thousand square feet ; when fronting on two 
streets, six thousand square feet: and -when fronting one three streets, seven 
thousand five hundred square feet. These area limits may be increased under 
the following conditions as indicated : for non-fireproof buildings, fully 
equipped with approved automatic sprinklers, fifty per cent ; for fireproof 
buildings, not exceeding one hundred and twenty-five feet in height, fifty per 
cent ; for fireproof buildings, not exceeding one hundred and twenty-five feet 
in height, fully equipped with approved automatic sprinklers, one hundred per 
cent. 

1942 Code §7496; 1932 Code §7496; Civ. C. '22 §4611; 1917 (30) 77; 1921 (32) 101. 

§ 47-1222. Same ; exception for Columbia. 

The limitation as to height of buildings of fireproof construction in the 
city of Columbia shall be eighteen stories or two hundred and twenty-five 
feet. 

1948 (45) 1766. 

179 



§ 47-1223 Code of Laws of South Carolina § 47-1226 

§ 47-1223. Same ; exception for Greenville. 

The limitation as to the height of buildings of fireproof construction in 
the city of Greenville shall be seventeen stories or two hundred feet. 

1942 Code §7496; 1932 Code §7496; Civ. C. '22 §4611; 1917 (30) 77; 1921 (32) 101. 

§ 47-1224. Height of frame buildings. 

No frame building erected or altered after February 20 1917 shall exceed two 
stories or thirty feet in height, except that private dwellings may be three 
stories or forty feet high. 

1942 Code §7523; 1932 Code §7523; Civ. C. '22 §4638; 1917 (30) 77. 

§ 47-1225. Schedule of dimensions for walls. 

The walls of the warehouses, stores, factories, livery stables, hotels or other 
brick or stone buildings for business purposes in cities or town in which this 
chapter applies, except fireproof buildings where the framework is of steel, 
shall conform to the following schedules : 

Minimum Thickness in Inches of Wall 

Height of Building 1st 2d 3d 4th 5th 

One-story building 13 

Two-story building 17 13 

Three-story building 17 - 17 13 

Four-story building 22 17 17 13 

Five-story building 26 22 17 17 13 

The walls of dwelling houses, apartment houses and tenements, no part 
of which are to be used for stores, shops, factories, warehouses, hotels or other 
business purposes, except fireproof buildings where the structural frame is of 
steel or reinforced concrete, shall conform to the following schedule: 

Minimum Thickness in Inches of Wall 
Height of Building 1st 2d 3d 4th 5th 

One-story Building 12 

Two-story building 12 12 

Three-story building 12 12 12 

Four-story building 16 12 12 12 

Five-story building 16 16 12 12 12 

The walls of all brick or stone buildings over five stories high shall be 
thirteen inches thick for the top story and increasing four inches in thickness 
for each story below to the ground, the increased thickness of each story to 
be utilized for beam and girder ledges. All top story walls must extend 
through and eighteen inches above the roof in parapets not less than thirteen 
inches thick and coped with terra cotta, stone, cast iron or cement. 

1942 Code §7497; 1932 Code §7497; Civ. C. '22 §4612; 1917 (30) 77; 1921 (32) 221. 

§ 47-1226. When lesser thickness permissible. 

Upon written application, approved by the inspector, the Insurance Com- 
missioner may, when he deems it advisable, allow a decreased thickness in 

180 



§ 47-1227 Municipal Corporations § 47-1229 

walls of concrete, or in brick walls when such thickness is compensated for 
by pilasters. Reinforced stone or gravel concrete walls, with the steel re- 
inforcement running both horizontally and vertically and weighing not less 
than one-half pound per square foot of wall, may have a thickness four inches 
less than that prescribed for brick walls. 

1942 Code §7497; 1932 Code §7497; Civ. C. *22 §4612; 1917 (30) 77; 1921 (32) 221. 

§ 47-1227. Roofs of such buildings. 

The roofs of all buildings subject to the provisions of § 47-1225 shall be of 
metal, slate, tile, gravel or other standard fireproof roofing. 

1942 Code §7497; 1932 Code § 7497; Civ. C. '22 4612; 1917 (30) 77; 1921 (32) 221. 

§ 47-1228. Specifications as to foundations. 

In all buildings mentioned in § 47-1225 there shall be prepared a proper 
and substantial foundation. No foundation shall be less than one foot below 
the exposed surface of the ground and no foundation shall rest on any filling 
or made ground and the breadth of the foundation of the several parts of any 
building shall be proportioned so that, as near as practicable, the pressure 
shall be equal on each square foot of the foundation. Cement mortar shall 
be used in the masonary of all foundations exposed to dampness. 

1942 Code §7498; 1932 Code §7498; Civ. C. '22 §4613; 1917 (30) 77. 

§ 47-1229. Openings in walls ; standard fire doors ; windows, etc. 

No opening in any interior masonry wall shall exceed eight feet by ten 
feet. If the opening be in a party or fire wall, it shall have a standard auto- 
matic fire door on each side of the wall. If an opening in a fire wall is made to 
serve as an emergency exit, it shall not exceed forty-eight square feet in area 
and a self-closing fire door shall be substituted for one of the automatic fire 
doors. The total openings in a fire wall shall not exceed twenty-five per cent 
in lineal length of the wall. Every building within the fire limits, except 
churches, dwellings, tenement houses, dormitories and lodging houses, shall 
have standard fire doors, shutters or wired glass in incombustible frames 
and sashes on every exterior opening above the first story, except when front- 
ing on a street not less than thirty-five feet wide, or when no other building is 
within thirty-five feet of such opening. The wall of a building in the same 
plane as that in which the opening is situated shall not be considered as 
coming within the intent of this rule. All openings in the side and rear walls 
of the first story, except show windows, shall be protected as prescribed in 
this section when within thirty-five feet of another building. All windows 
more than seventy-five feet above the curb shall have incombustible frames 
and sash glazed with wired glass. Occupants of buildings shall close all ex- 
terior and interior fire doors, shutters and windows at the close of business 
of each day. 

1942 Code § 7499; 1932 Code § 7499; Civ. C. *22 § 4614; 1917 (30) 77. 



181 



§ 47-1220 Code of Laws of South Carolina § 47-1233 

§ 47-1220. Business buildings to have standpipes ; connections to be free. 

All business buildings erected after February 20 1917 being more than 
fifty-six feet high and covering an area of more than five thousand super- 
ficial feet and also all buildings exceeding eighty feet in height shall have 
a four-inch or larger metallic standpipe within or near the front wall, extend- 
ing above the roof and arranged so that engine hose can be attached from 
the street, such riser to have a two and one-half inch hose coupling on each 
floor. The inspector may, with the approval of the Insurance Commissioner, 
allow two or more standpipes of smaller size and proper hose couplings, pro- 
vided they are of such sizes and number as to be at least equivalent in service 
to the large standpipe required. All hose couplings shall conform to the 
size and pattern adopted by the fire department. Free connection and service 
with the city water mains shall be furnished by the municipal authorities. 

1942 Code §7500; 1932 Code §7500; Civ. C. '22 §4615; 1917 (30) 77. 

§ 47-1231. Specifications as to joists and timbers. 

The ends of joists or beams entering a brick wall shall be cut not less than 
three-inch bevel, so as not to disturb the brickwork by any deflection or break- 
ing of the joists or beams. All such joists or timbers entering a party or di- 
vision wall from opposite sides shall have at least four inches of solid brick- 
work between the ends of such timbers or joists. 

1942 Code §7501; 1932 Code §7501; Civ. C. '22 §4616; 1917 (30) 77. 

§ 47-1232. Structures around chimneys, fireplaces, etc. 

No wooden beams or joists shall be placed within two inches of the outside 
face of a chimney or flue, whether it be for smoke, air or any other purpose. 
No woodwork shall be within four inches of the back wall of any fire place. 
All spaces between the chimney and the wooden beams .shall be solidly filled 
with mortar, mineral wool or other incombustible material. The header beam, 
carrying the tail beams of a floor and supporting the timber arch in front 
of a fireplace, shall be not less than twenty inches from the chimney breast. 
No wooden furring or studding shall be placed against any chimney but the 
plastering shall be directly on the masonry or on metal lathing. Woodwork 
fastened to plaster which is against the masonry of a chimney shall have a 
layer of asbestos board at least one-eighth inch thick placed between the wood- 
work and the plaster. 

1942 Code §7502; 1932 Code §7502; Civ. C. '22 §4617; 1917 (30) 77. 

§ 47-1233. Construction of fireplaces and chimneys. 

All fireplaces and chimneys in stone or brick walls in any building erected 
after February 20 1917 and any chimneys or flues altered or repaired after said 
date shall have the joints struck smooth on the inside and the firebacks of 
all fireplaces erected after said date shall be not less than eight inches in thick- 
ness of solid masonary, the chimney walls to be not less than four inches thick 
and the top of the chimney to extend hot less than five feet above the roof for 
flat roofs and two feet above the ridge of any pitched roof. No woodwork or 

182 



§47-1234 Municipal Corporations §47-1236 

timber shall be placed under any fireplace or under the brickwork of any 
chimney. All floor beams, joists and headers shall be kept at least two inches 
clear of any wall enclosing; a fire flue or chimney breast. 

1942 Code §7503; 1932 Code §7503; Civ. C. '22 §4618; 1917 (30) 77. 

§ 47-1234. Further regulations as to chimneys. 

No chimney shall be started or built upon a beam, wood or floor, the brick 
work in all cases to start from the ground with proper foundation. In no 
case shall a chimney be corbeled out more than three inches from the wall and 
in all cases corbeling shall consist of at least five courses of brick, the corbel- 
ing to start at least three feet below the bottom of the flue. 

1942 Code § 7504; 1932 Code § 7504; Civ. C. '22 § 4619; 1917 (30) 77. 

§47-1235. Construction of flues. 

All flues shall extend at least three feet above the roof and always above 
the comb of the roof and shall be coped with well-burnt terra cotta, stone, cast- 
iron or cement. In all buildings erected after February 20 1917 the stone or 
brickwork of all flues and the chimney shafts of all furnaces, boilers, bakers' 
ovens, large cooking ranges and laundry stoves and all flues used for similar 
purposes shall be at least eight inches in thickness, with the exception of 
smoke flues which are lined with fire-clay lining or cast-iron. These may be 
four inches in thickness, but this shall not apply to metal stacks or boiler 
houses where properly constructed and arranged at a safe distance from wood 
or other inflammable material. All buildings erected after said date shall 
have smoke flues constructed, either in walls of eight inches thickness or with 
smoke flues lined with cast-iron or fire-clay lining, the walls of which may be 
four inches in thickness, the lining to commence at the bottom of the flue or 
at the throat of the fireplace and to be carried up continuously the entire height 
of the flue. All joints shall be closely fitted and the lining shall be built in as 
the flue is carried up. All chimneys which shall be dangerous in any manner 
whatever shall be repaired and made safe or taken down. 

1942 Code §7505; 1932 Code §7505; Civ. C. '22 §4620; 1917 (30) 77. 

§47-1236. Hanging flues. 

Hanging flues (i. e., for the reception of stovepipes built otherwise than from 
the ground) shall be allowed only when built according to the following speci- 
fications. The flue shall be built four inches thick, of the best hard brick, laid 
on flat side, never on edge, extending at least three feet above the roof and 
always above the comb of the roof and lined on the inside with cast-iron or 
fire-clay flue lining from the bottom of the flue to the extreme height of the 
flue, the ends of all such lining pipes being made to fit close together and the 
lining pipe being built in as the flue is carried up. If the flue starts at the 
ceiling and receives the stovepipe vertically, it shall be hung on iron stirrups, 
bent to come flush with the bottom of ceiling joints. All flues shall have a 
proper and sufficient support at their base and in no case shall they be sup- 
ported even partially by contact in passing through partitions, ceilings or 
roofs. Flues not lined as above shall be built from the ground eight inches 

183 



§ 47-1237 Code of Laws of South Carolina § 47-1241 

thick, of the best hard brick, with the joints struck smooth on the inside. The 
flues of every building shall be properly cleaned and all rubbish removed and 
the flues left smooth on the inside upon the completion of the building. 
1942 Code §7506; 1932 Code §7506; Civ. C. , 22 §4621; 1917 (30) 77. 

§47-1237. Stovepipe construction. 

No stovepipe shall pass through any roof window or weatherboarding and 
no stovepipe in any building with wood or combustible floors, ceilings or par- 
titions shall enter any flue unless such pipe shall be at least twelve inches 
from such floors, ceilings or partitions, or unless it is properly protected by a 
metal shield, in which case the distance shall not be less than six inches. When 
stovepipes pass through wooden partitions of any kind or other woodwork 
they shall be guarded by either a double collar of metal, with at least three 
inches air space and holes for ventilation, or by a soapstone or burnt-clay ring 
not less than one inch in thickness extending through the partition or other 
woodwork. 

1942 Code §7507; 1932 Code §7507; Civ. C. '22 §4622; 1917 (30) 77. 

§ 47-1238. Correction of dangerous chimneys, flues or heating apparatus. 

If any chimney', flue or heating apparatus on any premises shall, in the opin- 
ion of the inspector, endanger the premises, the inspector shall at once notify 
in writing the owner or agent of such premises. If such owner or agent fails 
for a period of five days after the service of such notice upon him to make 
such chimney, flue or heating apparatus safe, he shall be liable to a fine of 
not less than ten dollars nor more than fifty dollars for each day that the con- 
dition remains uncorrected. 

1942 Code §7507; 1932 Code §7507; Civ. C. '22 §4622; 1917 (30) 77. 

§ 47-1239. Foundry chimneys. 

Iron cupola or other chimneys of foundries shall extend at least ten feet 
above the highest point of any roof within a radius of fifty feet of such cupola 
or chimney. 

1942 Code § 7508; 1932 Code § 7508; Civ. C. '22 § 4623; 1917 (30) 77. 

§ 47-1240. Steam pipes. 

No steam pipes shall be placed within two inches of any timber or wood- 
work unless the timber or woodwork is protected by a metal shield and then 
the distance shall not be less than one inch. All steam pipes passing through 
floors and ceilings or laths and plastered partitions shall be protected by a 
metal tube one inch larger in diameter than the pipe and the space shall be 
filled in with mineral wool, asbestos or other incombustible material. 

1942 Code § 7509; 1932 Code § 7509; Civ. C. '22 § 4624; 1917 (30) 77. 

§ 47-1241. Heater pipes. 

All heater pipes from hot air furnaces, where passing through combustible 
partitions or floors, must be doubled in tin pipes with at least one inch air 
space between them. Horizontal hot air pipes leading from the furnace shall 

184 



§47-1242 Municipal Corporations §47-1244 

not be less than six inches from any woodwork, unless the woodwork be 
covered with loose fitting tin or the pipe be covered with at least half an inch 
of corrugated asbestos, in which latter cases the distance from the woodwork 
may be reduced to not less than three inches. No hot air pipe shall be 
placed in a wooden stud partition or any wooden enclosure unless it be at 
least eight feet horizontal distance from the furnace. Hot air pipes contained 
in combustible partitions shall be placed inside another pipe arranged to 
maintain half an inch of air space between the two on all sides or be securely 
covered with half an inch of corrugated asbestos. Neither the outer pipe nor 
the covering shall be within one inch of wooden studding and no wooden 
lath shall be used to cover the portion of the partition in which the hot air 
pipe is located. Hot air pipes in closets shall be double, with a space of at 
least one inch between them on all sides. 

1942 Code §7510; 1932 Code §7510; Civ. C. '22 §4625; 1917 (30) 77. 

§ 47-1242. Registers, register boxes and cold air ducts for hot air furnaces. 

Every hot air furnace shall have at least one register without valve or 
louvres. A register box placed in the floor over a portable furnace shall have 
an open space around it of not less than four inches on all sides and be sup- 
ported by an incombustible border. Hot air registers placed in any wood- 
work or combustible floors shall be surrounded with borders of incombustible 
material, not less than two inches wide, securely set in place. The register 
boxes shall be of metal and be double and the distance between the two shall 
be not less than one inch or they may be single, if covered with asbestos, 
not less than one-eighth inch in thickness, and if all woodwork within two 
inches be covered with tin. Cold air ducts for hot air furnaces shall be made 
of incombustible material. 

1942 Code §7510; 1932 Code §7510; Civ. C. '22 §4625; 1917 (30) 77. 

§ 47-1243. Ranges and stoves. 

No kitchen range or stove in any building shall be placed less than three 
feet from any woodwork or wooden lath and plaster partition, unless the 
woodwork or partition is properly protected by metal shields, in which case 
the distance shall be not less than eighteen inches. Metal shields shall be 
loosely attached, thus preserving an air space behind them. Hotel and res- 
taurant ranges shall be provided with a metal hood, placed at least nine 
inches below any wooden lath and plaster or wooden ceiling, and have an 
individual pipe outlet connected with a good thick flue. The pipe shall be 
protected by at least one inch of asbestos covering or its equivalent. 

1942 Code §7511; 1932 Code §7511; Civ. C. '22 §4626; 1917 (30) 77. 

§ 47-1244. Combustible floors under coal ranges. 

Combustible floors under coal ranges and similar appliances without legs 
such as are mentioned in § 47-1245, in which hot fires are maintained, shall 
be protected by a sheet of metal or a one-eighth inch layer of asbestos build- 
ing lumber, which shall be covered with not less than four inches of masonry 

185 



§ 47-1245 Code of Laws of South Carolina § 47-1248 

set in cement mortar. Such masonry shall consist of one course of four-inch ' 
hollow terra cotta, at least one of which shall be hollowed and be laid to 
preserve a free circulation of air throughout the whole course. Concrete 
may be substituted for a course of solid brick if desired. The masonry work 
shall be covered by sheet metal of not less than No. 26 gauge, so arranged 
as not to obstruct the ventilating passages beneath. Such hearths shall ex- 
tend at least twenty-four inches in front and twelve inches on the sides and 
back of the range or similar heating appliance. All coal stoves or ranges, 
with legs, shall be set on incombustible material, which shall extend at least 
twelve inches in front. 

1942 Code §7511; 1932 Code §7511; Civ. C. '22 §4626; 1917 (30) 77. 

§ 47-1245. Protection of woodwork near boilers, furnaces, etc. 

Any woodwork, wooden lath and plaster partition or ceiling within four 
feet of the sides or back or six feet from the front of any heating boiler, fur- 
nace, bakery oven, coffee roaster, fire-heated candy kettle, laundry stove or 
other similar appliance shall be covered with metal to a height of at least 
four feet above the floor. This covering shall extend the full length of the 
boiler, furnace or heating appliance and to at least five feet in front of it. 
Metal shields shall be loosely attached, thus preserving an air space behind 
them. In no case shall such combustible construction be permitted within 
two feet of the sides or back of the heating appliance or five feet in front of 
it. No furnace, boiler, range or other heating appliance shall be placed against 
a wall furred with wood. Heating boilers shall be encased on sides and top 
by an incombustible protective covering not less than one and one-half inches 
thick. 

1942 Code §7512; 1932 Code §7512; Civ. C. '22 §4627; 1917 (30) 77. 

§ 47-1246. Gas, gasoline, oil or charcoal stoves or heating devices. 

All gas, gasoline, oil or charcoal burning stoves or heating devices shall be 
placed on iron stands at least six inches above combustible supports, unless 
the burners are at least five inches above the base, with metal guard placed 
four inches below the burners. No open flame heating or lighting device 
shall be used in any room where gasoline or other volatile inflammable fluids 
are stored or handled. 

1942 Code §7513; 1932 Code §7513; Civ. C. '22 §4628; 1917 (30) 77. 

§47-1247. Gas connections. 

Gas connections to stoves and similar heating devices and lighting devices 
shall be made by rigid metal pipes. For small portable gas heating devices, 
flexible metal or rubber tubing may be used when there is no valve or other 
shut-off on the device. 

1942 Code §7514; 1932 Code §7514; Civ. C. '22 §4629; 1917 (30) 77. 

§ 47-1248. Electric wiring. 

The electrical wiring of houses or buildings for lighting or other purposes 

1S6 



§47-1249 Municipal Corporations §47-1250 

shall conform to the regulations prescribed by the national board of fire 
underwriters. 

1942 Code §7515; 1952 Code §7515; Civ. C. '22 §4650; 1917 (50) 77. 

§ 47-1249. Inspections of electrical wiring ; alterations. 

It shall be unlawful for any person controlling such wiring to allow any 
electrical current for lighting or other purposes to be turned on in any build- 
ing without first having had an inspection of the wiring made and a certificate 
of such inspection issued by the inspector. Such inspection shall be made 
by the city electrician, who shall certify it to the inspector in writing, who 
may, thereupon, issue the certificate. Xo alterations shall be made in the 
wiring of any building unless a certificate shall be obtained from the inspec- 
tor approving them. 

1942 Code §7515; 1952 Code §7515; Civ. C. '22 §4650; 1917 (30) 77. 

§ 47-1250. Stair and elevator shafts and partitions. 

In all buildings erected after February 20 1917, except private dwellings, 
which are used above the first floor for business purposes or public assemblages 
or for any purpose whatever if over three stories high, the stair shafts 
shall be separately and continuously enclosed by incombustible partitions, 
unless such buildings are provided with outside fire escapes. Elevator 
shafts in all buildings erected after said date shall be enclosed in the same 
manner. The partitions shall be constructed of brick or other fire resistive 
material, approved by the inspector or other designated official, and all mortar 
used in the construction shall be cement mortar. No such hollow partition 
shall be less than six inches thick. No brick partition shall be less than eight 
inches thick and no other solid partition less than four inches thick. Except 
as herein stated, the stair, elevator or hoistway shafts in all buildings over 
two stories high in existence on February 20 1917 of the class described 
in this section shall be separately enclosed by incombustible partitions as 
above specified or the shafts may be enclosed (a) by approved hollow or solid 
partition blocks not less than three inches thick, set in Portland cement 
mortar, (b) by four-inch stud partitions covered on each side with not less 
than three-quarter inch of Portland cement plaster on metal lath or (c) by 
two-inch solid metal lath and Portland cement plaster partitions. The metal 
framework of such partitions shall be securely fastened to both floor and 
ceiling. All lath used for such partitions shall be of galvanized steel, weigh- 
ing not less than fifty-four ounces per square yard. Wire lath shall not be 
less than No. 20 gauge and sheet metal lath not less than No. 24 gauge. All 
such partitions erected in buildings in existence on February 20 1917 shall 
be firestopped with incombustible material the full depth of the floor beams 
at each floor level. The enclosure walls for all elevator shafts shall extend 
at least three feet above the roof and at least three-fourths of the area shall 
be covered with a skylight constructed as specified in § 47-1252. 

1942 Code §7516; 1932 Code §7516; Civ. C. '22 §4631; 1917 (30) 77. 

187 



§47-1251 Code of Laws of South Carolina §47-1253 

§ 47-1251. Door openings in stair and elevator enclosures. 

All door openings in stair and elevator enclosures shall be protected by 
fire doors mounted with wrought iron or steel hardware and shall be securely 
attached to the wall or partition or to substantial incombustible frames 
anchored thereto. If glass panels be used in such doors, they shall be of 
wired glass not exceeding seven hundred and twenty square inches in area. 
Interior shaft windows shall not be permitted. Doors opening into stairway 
shafts shall swing in the direction of exit travel, shall be self-closing and 
shall be at least thirty-six inches wide. 

If in the opinion of the inspector or other designated official it is necessary 
to preserve an open elevator or hoistway in a building in existence on Feb- 
ruary 20 1917 the floor opening through which it passes shall be equipped 
with automatically closing trap doors not less than one and one-half inches 
thick, made of two thicknesses of matched boards, covered on the under 
side with tin. Such trap doors, when closed, shall extend beyond the open- 
ings on all sides. Such trap doors shall be protected by a substantial guard 
or gate, which shall be kept closed at all times except when in actual use. 

1942 Code §7516; 1932 Code §7516; Civ. C. '22 §4631; 1917 (30) 77. 

§ 47-1252. Certain skylights. 

Where a stairway, elevator or dumb-waiter shaft extends through the roof 
and is covered with a skylight, the skylight shall be constructed with incom- 
bustible frame and sash, glazed with ordinary thin glass, and shall be pro- 
tected by a galvanized steel wire screen with a mesh not exceeding one inch 
and the wire not smaller than No. 12 gauge. The screen shall have metal 
supports and shall be placed not less than six inches above the skylight. 
Instead of a skylight, a window may be placed in the side of the shaft above 
the roof which is furthest removed from a property line. _ The window shall 
have incombustible frame and sash and be glazed with thin glass. 

1942 Code §7517; 1932 Code §7517; Civ. C. '22 §4632; 1917 (30) 77. 

§ 47-1253. Interior light or vent shafts ; dumb-waiter shafts. 

In every building erected or altered after February 20 1917, except frame 
buildings, all walls or partitions forming interior light or vent shafts shall be 
built in accordance with the requirements for stair and elevator shafts in new 
buildings as specified in § 47-1250. The walls of the dumb-waiter shafts, except 
those in dwellings which extend only one story above the basement or cellar, 
shall be of fire-resistive construction and shall be not less than three inches 
thick, if constructed of brick, hollow or solid blocks, or of steel studding and 
metal lath with three-quarter-inch of Portland cement plaster on each side 
or a two-inch solid metal lath and Portland cement plaster wall may be per- 
mitted, if securely anchored at each floor. The material and method of con- 
struction shall be as specified for stair and elevator shafts in existing build- 
ings in § 47-1250. In frame buildings, outside the fire limits, the enclosure par- 
titions of all such shafts may be constructed as provided in § 47-1250 for stair 
and elevator shafts in buildings existing on February 20 1917. Where a dumb- 

188 



§47-1254 Municipal Corporations §47-1256 

waiter shaft does not extend through the roof, the top of the shaft shall be of 
fire-resistive construction of the same thickness as the walls of the shaft. 
All openings in dumb-waiter shafts shall be protected by fire doors mounted 
in incombustible frames securely anchored to the walls. The walls of all 
light and vent shafts erected after February 20 1917 shall extend not less than 
three feet above the roof level, except that when a shaft is covered by an in- 
combustible ventilating skylight the walls need not extend more than two 
feet above the roof. Masonry walls shall be properly coped. When metal 
louvres are used for ventilating purposes, the louvres or slats shall be riveted 
to the metal frame. 

1942 Code §7518; 1932 Code §7518; Civ. C. '22 §4633; 1917 (30) 77. 

§ 47-1254. Restrictions as to certain openings in a roof. 

All openings in roofs for the admission of light or air, other than those pro- 
vided for in §§ 47-1233 and 47-1235, shall have incombustible frames and sash 
glazed with wired glass, but ordinary glass may be used if protected above 
and below by galvanized steel wire screens with a mesh not exceeding one 
inch and the wire not smaller than No. 12 gauge. The top screen shall be 
installed as specified in § 47-1252. 

1942 Code §7519; 1932 Code §7519; Civ. C. '22 §4634; 1917 (30) 77. 

§47-1255. Required means of egress. 

In every building erected after February 20 1917, except in private dwell- 
ings, each floor area above the first shall be provided with at least two means 
of egress, remote from each other, one of which shall be an enclosed stairway 
as provided by §§47-1250 and 47-1251, an outside iron fire escape, a doorway 
in a fire wall leading to another floor area separately provided with adequate 
stairs or other independent means of exit . Such doorway serving as an emer- 
gency exit in a fire wall shall be protected by an automatic and self-closing 
fire door. No portion of any floor area shall be more than one hundred feet 
from a place of egress. Elevators shall not be considered as a means of egress 
as specified in this section. 

The term ''floor area" as used in this section, shall mean the entire floor space 
between exterior walls and fire walls. 

1942 Code §7520; 1932 Code §7520; Civ. C. '22 §4635; 1917 (30) 77. 

§ 47-1256. Stairways. 

Except in dwellings, no required stairway shall be less than forty-four 
inches wide and the total width of exit doorways leading therefrom shall at 
least be equal to the total width of the stairways which they serve. The 
total width of stairway, interior and exterior, provided for the occupancy of 
each floor and those above, shall be not less than forty-four inches for the 
first fifty persons and twelve inches for each additional fifty persons to be 
accommodated thereby. The stair treads shall be not less than nine and one- 
half inches wide and the risers not more than seven and three-fourths inches 
high. Windows in any such required stairway are prohibited. Every hos- 
pital and theatre over one story high shall have at least two stairways con- 

189 



§47-1257 Code of Laws of South Carolina §47-1260 

structed entirely of incombustible material, located remote from each other 
and continuous from grade line to the topmost story or outside iron fire escapes 
of approved design. All exit doors in hospitals, theatres and other places of 
public assemblage shall open outwards. 

1942 Code §7520; 1932 Code §7520; Civ. C. '22 §4635; 1917 (30) 77. 

§ 47-1257. Fire stopping construction on floor levels. 

At each floor level, in all buildings erected after February 20 1917 all stud 
walls, partitions, furrings and spaces between joists, where they rest on divi- 
sion walls or partitions, shall be fire stopped with incombustible material in a 
manner to cut off completely communication by fire through concealed spaces. 
Such fire stopping shall extend the full depth of the joists and at least four 
inches above each floor level. Stair carriages shall be fire stopped at least 
once in the middle portion of each run. 

1942 Code §7521; 1932 Code §7521; Civ. C. '22 §4636; 1917 (30) 77. 

§ 47-1258. Construction of areaways. 

All areaways shall be guarded with suitable railings or be protected by 
incombustible covers or gratings. If gratings be used, they shall have a 
wire screen of not more than one-half inch mesh securely attached to the 
underside. 

1942 Code §7522; 1932 Code §7522; Civ. C. '22 §4637; 1917 (30) 77. 

§47-1259. Rows of frame houses. 

In rows of frame houses, the dividing walls or partitions between houses 
shall be built of brick, terra cotta, concrete or other incombustible material 
or they may be built with four-inch studs, filled solidly with brickwork laid in 
mortar or with other incombustible material. If lath be used on such parti- 
tions, it shall be metal lath. Such dividing partitions shall rest on masonry 
walls and shall extend to the underside of roof boards. A flush mortar joint 
shall be made between the roof boards and the wall or partition. In rows of 
more than three houses, every alternate division wall or partition shall be con- 
structed of solid brickwork not less than eight inches in thickness. Build- 
ings with wooden framework, clad with sheet metal or veneered with brick, 
shall be classed as frame buildings. 

1942 Code §7523; 1923 Code §7523; Civ. C. '22 §4638; 1917 (30) 77. 

§ 47-1260. Buildings outside of fire limits of incombustible material. 

Outside the fire limits, when any building is to be erected of brick, stone, 
hollow block or concrete that could under this chapter be constructed of wood, 
the inspector or other designated official shall allow reasonable modifications 
of this chapter relating to brick buildings, in consideration of the use of in- 
combustible material instead of wood. Such modifications, however, shall 
not permit variations from the requirements of §§ 47-1231, 47-1232, 47-1250, 
47-1251, 47-1255 and 47-1256. 

1942 Code §7523; 1932 Code §7523; Civ. C. '22 §4638; 1917 (30) 77. 

190 



§47-1261 



Municipal Corporations 



§47-1301 



§ 47-1261. Construction not provided for herein. 

The construction of any or all buildings not provided for in this chapter 
shall be in accord with the construction required by some recognized authority 
approved by the Insurance Commissioner. 

1942 Code §7526; 1932 Code §7526; Civ. C. '22 §4641; 1917 (30) 77. 



CHAPTER 11. 
Streets and Sidewalks Generally.* 



Article 1. 
Acquisition of Land for Streets, etc. 
Sec. 

47-1301. May purchase land for streets. 
47-1302. Proceedings in condemnation on 

refusal of owner to sell. 
47-1303. Service when owner is an infant, 

lunatic or nonresident. 
47-1304. Jury. 

47-1305. Oath of condemnation jury. 
47-1306. Appeal to court. 
47-1307. Clerk of court to execute deed 

when owner fails. 
47-1308. Recordation of deed. 

Article 2. 

Provisions Affecting Towns of 
Certain Sizes. 

47-1321. Jurisdiction of council of town of 
less than one thousand. 
Sidewalks in such towns. 
Repair of streets, ways and bridges 
in municipalities of over one 
thousand. 
Road duty or commutation tax in 
such municipalities. 

47-1325. Prisoners may be required to work 
on roads in such municipalities. 

47-1326. Erection of poles, etc., on streets 
in towns under five thousand. 

47-1327. Opening, closing, etc., street in 
cities over five thousand; dam- 
ages. 

47-1328. Deeds to property so condemned. 

47-1329. Approval of subdivisions in cities of 
thirty-five thousand or more. 



47-1322 
47-1323 



47-1324. 



Sec. 

47-1330. Change of street names near cities 
of fifty thousand or more. 

47-1331. Names of streets and numbers 
of lots in counties outside cities 
of 60,000 to 70,000, 1940 census. 

Article 3. 

Assessment of Abutting Property for 
Street Improvements. 

47-1341. 
47-1342. 
47-1343. 



47-1344. 
47-1345. 

47-1346. 

47-1347. 

47-1348. 
47-1349. 
47-1350. 
47-1351. 

47-1352. 

47-1353 
47-1356. 

47-1357. 

47-1358. 



When assessment permitted. 

Prerequisites to such assessment. 

Same; special provisions for An- 
derson. 

Blank. 

Same; special provision for Harts- 
ville. 

Exemption of church property in 
McColl. 

Reimbursement agreements with 
abutting owners in Marion. 

Blank. 

Use of funds. 

Assessments a lien; enforcement. 

Same; speciil provision for Allen- 
dale. 

Entry of satisfaction upon pay- 
ment. 

to 47-1355. Blank. 

May require notice of transfer of 
property under lien. 

Provisions not effective locally un- 
til approved by local elections. 

Same; exceptions for certain lo- 
calities. 



Article 1. 



Acquisition of Land for Streets, etc. 

§ 47-1301. May purchase land for streets. 

Whenever the mayor and aldermen of any city or the intendant and wardens 
of any town in this State shall think it expedient to widen, open, lay out, ex- 



* As to highways, bridges and ferries generally, see Title 33, 

191 



§47-1302 



Code of Laws of South Carolina 



§47-1302 



tend or establish any street, alley, road, court or lane they may purchase the 

lot, lots or parts of lots of land necessary for such street, alley, road, court or 

lane and the fee simple of such land shall be vested in such city or town for 

the use of the public from the day of the delivery of the deed of sale. 

1942 Code §7367; 1932 Code §7367; Civ. C. '22 §4499; Civ. C. '12 §3065; Civ. C. - 02 
§1396; R. S. 1181; 1884 (18) 781; 1905 (24) 964. 



Construction of section. — This section and 
§§47-1302 and 47-1306 do not have to be 
considered in conjunction with § 58-996, 
which authorizes a highway or townway to 
be laid across a railroad. Prosser v. Sea- 
board Air Line R. Co., 216 S. C. 33, 56 S. E. 
(2d) 591 (1949). 

City may appeal from condemnation deci- 
sion. — Under this section and §47-1306, a 
city has right of appeal from decision of 
condemnation commissioners in proceeding 
to condemn property for street use, notwith- 
standing such sections provide for appeal 
only by property owner, in view of S. C. 
Const. Art. 1, §§ 5 and 17, guaranteeing 
equal protection of laws and prohibiting 
taking of private property for public use 



without just compensation, since "appeal" 
as used does not mean technical appeal but 
connotes notice. Spartansburg v. Cudd, 132 
S. C. 264, 128 S. E. 360 (1925). 

For additional related cases, see Pope v. 
Comm'rs, 12 Rich. (46 S. C. L.) 407; Cora- 
m'rs v. Durant, 11 Rich. (45 S. C. L.) 440; 
McKenna v. Comm'rs, Harp. (16 S. C. L.) 
381 ; Comm'rs v. Taylor, 2 Bay (2 S. C. 
L.) 282. 

Applied in Houston v. West Greenville, 
126 S. C. 484. 120 S. E. 236 (1923). 

Cited in Thomas v. Atlantic Coast Line 
Ry. Co., 168 S. C. 185, 167 S. E. 239 (1933) ; 
Greenwood County v. Watkins, 196 S. C. 
51, 12 S. E. (2d) 545 (1940). 



§ 47-1302. Proceedings in condemnation on refusal of owner to sell. 

In case any owner of any such lot of land shall refuse to sell it or shall de- 
mand what may be deemed by such authorities an unreasonable price, such 
authorities shall notify such owner that the land is required for street purposes 
and that application will be made to the clerk of the court of common pleas 
for the drawing of a jury in condemnation to determine and fix upon the true 
and real value of such land and any damage to the residue of the land of 
such owner by reason of the opening, widening or extension of such highway, 
due regard being had, in assessing such damages, to any increased valuer of 
such residue by reason of the opening, widening or extension of such highway. 
And on the payment of the full value of such lot and such special damages 
aforesaid, ascertained and determined on in the manner above provided, the 
fee simple of such lot shall be vested in such city or town for the use of the 
public and the owner shall execute his deed, without warranty therefor, to 
such city or town. 

1942 Code §7368; 1932 Code §7368; Civ. C. '22 §4500; Civ. C. '12 §3066; Civ. C. '02 
§1397; R. S. 1182, 1183; 1884 (18) 782; 1925 (34) 103. 



Construction of section. — See note to § 47- 
1301. 

Power to condemn for municipal pur- 
poses. — This section confers upon the 
mayor and alderman of a town the right 
to condemn land for municipal purposes. 
Bailey v. Clinton, 88 S. C. 118, 70 S. E. 
446 (1911). 

Compensation for taking private proper- 
ty. — This section does not contemplate the 
taking of private property without com- 
pensation, in that it provides that, in esti- 



mating damages to property not appropri- 
ated for the street, increased value due 
to contemplated improvement may be set 
off against the damage. Bailey v. Clinton, 
88 S. C. 118, 70 S. E. 446 (1911). 

Is in compliance with due process. — A 
municipal corporation, having complied with 
this section, has full power to condemn land 
for the purpose of opening a street. Such 
condemnation is not taking without due 
process of law or just compensation, since 
both methods for determining compensation 



192 



§ 47-1303 Municipal Corporations § 47-1306 

and for condemnation of land are fixed by Ry. Co., 168 S. C. 185, 167 S. E. 239 (1933) ; 

statute. Evans v. Edgefield, 139 S. C. 36, State Highway Dept. v. Bobotes, 180 S. C. 

137 S. E. 208 (1926). 183, 185 S. E. 165 (1936); United States v. 

Stated in Greenwood County v. Watkins, 266.25 Acres of Land, 43 F. Supp. 633 

196 S. C. 51, 12 S. E. (2d) 545 (1940). . (1942). 

Cited in Thomas v. Atlantic Coast Line 

§ 47-1303. Service when owner is an infant, lunatic or nonresident. 

When the owner or any one of several owners of the land is an infant or 

non compos mentis, the required notice shall be served personally upon the 

trustee, guardian or committee of such person and personally on such owner. 

And if there be no such trustee, guardian or committee the clerk of the court 

of common pleas may appoint for such person a guardian ad litem, upon whom 

the service shall be made and who shall represent the interest of such infant 

or person non compos mentis. The clerk shall pursue in all respects the mode 

provided by law for the appointment of guardians ad litem for infants and 

persons non compos mentis. If any owner of the land shall reside beyond 

the State or his place of residence shall be unknown, the service shall be 

made upon the agent of such owner in charge of such land or, if there be no 

such agent, such owner shall be served by publication as in civil actions. 

1942 Code §7371; 1932 Code §7371; Civ. C. '22 §4503; Civ. C. '12 §3069; Civ. C. '02 
§ 1400; R. S. 1186; 1884 (18) 783. 

§47-1304. Jury. 

Upon ten days' notice from such municipal authorities the clerk of the 
court of common pleas shall draw in the usual manner of drawing juries a 
panel of twenty jurors, qualified electors of a municipality, from which panel 
each of the parties shall have the right of peremptory challenge as to four and 
the remaining twelve shall constitute the condemnation jury and shall be no- 
tified by the clerk of court and their names entered as a part of the permanent 
records of his office. 

1942 Code §7370; 1932 Code §7370; Civ. C. '22 §4502; Civ. C. '12 §3068; Civ. C. '02 
§1399; R. S. 1185; 1884 (18) 782; 1925 (34) 103. 

Applied in Bailey v. Clinton, 88 S. C. 118, 
70 S. E. 446 (1911). 

§ 47-1305. Oath of condemnation jury. 

The condemnation jury, before proceeding to act in the premises, shall be 
regularly sworn by the clerk of the court that they will faithfully and im- 
partially discharge the duties herein required of them. 

1942 Code §7372; 1932 Code §7372; Civ. C. '22 §4504; Civ. C. '12 §3070; Civ. C. *02 
§1401; R. S. 1187; 1884 (18) 783; 1925 (34) 103. 

§47-1306. Appeal to court. 

In case any owner shall be dissatisfied with the valuation of his lot or such 
special damages he may appeal from the same to the court of common pleas 
for the county in which such lands may be at the next session thereafter upon 
giving notice of such appeal to the maj'or and aldermen or intendant and 
wardens of such city or town within ten days from the time of his receiving 
[5 SC Code]— 13 193 



§47-1307 Code of Laws of South Carolina §47-1321 

a notification of such valuation and assessment of damages. Such court shall 

order a new valuation and assessment of damages, or either, in such particular 

case, to be made by a jury, who shall be charged therewith in the same or some 

subsequent term, and their verdict shall be final and conclusive unless a new 

trial be granted. After judgment in such case the fee simple of such lot shall 

be vested in such city or town upon the payment or tender of payment of 

the amount of such valuation and damages and the owner shall thereupon 

execute his quitclaim deed therefor to such city or town. After tender of an 

amount found by commissioners for compensation and damages the pendency 

of an appeal either in the circuit or the Supreme Court shall not operate to 

stay the opening, widening or extension of such street. But the acceptance 

of the amount tendered shall operate as an abandonment of the appeal. 

1942 Code §7368; 1932 Code §7368; Civ. C. '22 §4500; Civ. C. '12 §3066; Civ. C. '02 
§1397; R. S. 1182, 1183; 1884 (18) 782; 1925 (34) 103. 

§ 47-1307. Clerk of court to execute deed when owner fails. 

When under § 47-1302 or § 47-1306 the owner is required to execute his deed 
to the city or town and shall fail or neglect so to do, the clerk of the court 
of common pleas for the county in which such city or town is situated shall 
on behalf of such owner execute a deed without warranty therefor to such 
city or town which shall as effectually bind the owner and his heirs and as- 
signs as though executed by the owner. 

1942 Code §7369; 1932 Code §7369; Civ. C. '22 § 4501; Civ. C. '12 §3067; Civ. C. '02 
§1398; R. S. 1184; 1SS4 (18) 782. 

§ 47-1308. Recordation of deed. 

Any such deed and all proceedings had in such matter, except proceedings 

in court, shall be recorded by the register of mesne conveyances or clerk of 

court of such count}' in the books wherein conveyances of real estate in such 

county are required by law to be recorded. 

1942 Code §7369; 1932 Code §7369; Civ. C. '22 §4501; Civ. C. '12 §3067; Civ. C. '02 
§139S; R. S. 1184; 1884 (18) 782. 

Article 2. 

Provisions Affecting Towns of Certain Sises. 

§ 47-1321. Jurisdiction of council of town of less than one thousand. 

Every town council of a town of less than one thousand inhabitants shall 
keep all streets and ways which may be necessary for public use within the 
limits of the town open and in good repair and for that purpose they are here- 
by invested with the powers, rights and privileges granted by law to the 
governing body of the county without the limits of the town. For neglect 
of duty they shall be liable to the pains and penalties imposed by § 33-816 
upon governing bodies of counties for like neglect. 

1942 Code §7411; 1932 Code §7411; Civ. C. '22 §4523; Civ. C. '12 §2902; Civ. C. '02 
§ 1944; 1896 (22) 78. 

194 [5SCCode] 



§47-1322 



Municipal Corporations 



§ 47-1324 



§ 47-1322. Sidewalks in such towns. 

The town council of any such town of less than one thousand inhabitants 

may by ordinance require every person owning a lot in the town to keep in 

repair the sidewalks adjacent to his lot and for default in this matter may 

impose a fine not exceeding fifteen dollars. 

1942 Code §7416; 1932 Code §7416; Civ. C. '22 §4528; Civ. C. '12 §2907; Civ. C. '02 
§ 1949: 1896 (22) 78. 



§47-1323. Repair of streets, ways and bridges in municipalities of over one 
thousand. 
The city or town council of any city or town of over one thousand inhabit- 
ants shall keep in good repair all the streets, ways and bridges within the 
limits of the city or town and for such purpose it is invested with all the 
powers, rights and privileges within the limits of such city or town that are 
given to the governing bodies of the several counties of this State as to the 
public roads. 

1942 Code §7438; 1932 Code §7438; Civ. C. '22 §4550; Civ. C. '12 §2951; Civ. C. '02 
§1985; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1023. 



Constitutionality of ordinance closing 
street. — As to constitutionality of an ordi- 
nance closing a street, and the liability of 
the town for damages thereby caused to a 
propertv owner, see Houston v. West 
Greenville, 126 S. C. 484, 120 S. E. 236 
(1923). 

Discretion as to use of streets. — Where 
charter gave council control over streets, 
extent to which streets are opened for travel 
or used for parks rests entirely within coun- 
cil's discretion. Plunkett v. Aiken. 159 S. 
C. 97, 156 S. E. 245 (1930). 

Devoting street to purposes interfering 
with travel. — Where a street intended pri- 
marily for travel was needed therefor, city 
was unauthorized under statute and charter, 
in absence of legislative authority, to devote 
the street to purpose interfering with travel. 
Plunkett v. Aiken, 159 S. C. 97. 156 S. E. 
245 (1930). 

Permitting trees in middle of street. — 
Where entire street was not needed for 
travel, city properly permitted trees and 
shrubbery in middle of street, such section 



being reserved as a park. Plunkett v. Aiken, 
159 S. C. 97, 156 S. E. 245 (1930). 

Landowner's consent for street change. — 
Landowner's consent, required under char- 
ter for street change, is unnecessary where 
city proposed to remove portion of park 
theretofore allowed in middle of street. 
Plunkett v. Aiken. 159 S. C. 97, 156 S. E. 
245 (1930). 

Injury caused by overhanging sign. — In 
suit against individual councilman for in- 
juries to pedestrian resulting when over- 
hanging sign fell on him, complaint failing 
to allege any wrong of individual defendant 
was insufficient. Heath v. Elackman. 172 S. 
C. 158, 173 S. E. 300 (1934). 

Applied in Chapman v. Greenville, 127 
S. C. 173. 120 S. E. 584 (1923); Whitlock 
v. Jonesville, 111 S. C. 391, 98 S. E. 142 
(1919). 

Cited in Webber v. Tonesville. 94 S. C 
189, 77 S. E. 857 (1913); Dillingham v. 
Spartanburg, 75 S. C. 549, 56 S. E. 381 
(1907). 



§ 47-1324. Road duty or commutation tax in such municipalities. 

Any such city or town council may require all male inhabitants of such 
city or town of over one thousand inhabitants between the ages of eighteen 
and fifty years to work upon the roads, streets and ways of such city or town 
not exceeding four days in each and every year or, in lieu of such work, such 
city or town council may compound with persons so liable to work in any 
amount not exceeding three dollars per annum, to be applied to the use of such 
city or town. Any person failing or refusing to perform such work or to com- 
pound as above provided, upon conviction thereof before the mayor or intend- 

195 



§ 47-1325 Code of Laws of South Carolina § 47-1327 

ant, who may bring such persons before him by warrant, shall be fined not 
exceeding ten dollars or be imprisoned in the city, town or county jail for a 
period not exceeding thirty days. But there shall be exempt from the opera- 
tion of this section all active firemen, ministers of the Gospel in actual charge 
of congregations, teachers employed in the public schools, school trustees, 
persons permanently disabled in the military service of the State, persons in 
the armed forces of the United States and students who may be attending any 
school or college at the time such compounding amount shall become due. 

1942 Code §§ 7438, 7468: 1932 Code §§ 7438, 7468; Civ. C. *22 §§ 4550. 4583; Civ. C. '12 
§§ 2935, 2951; Civ. C. '02 §§ 1974, 1985; 1896 (22) 67; 1901 (23) 649, 659; 1908 (25) 1023. 

§ 47-1325. Prisoners may be required to work on roads in such municipalities. 

Every person sentenced to imprisonment in any such city or town, either 
directly or in consequence of a failure to pay a fine imposed, shall be subject 
to work upon the public roads of such city or town of over one thousand in- 
habitants or of the county in which such city or town is situate during the 
term of such imprisonment. 

1942 Code §7432; 1932 Code §7432; Civ. C. '22 §4544; Civ. C. '12 §2946; Civ. C. '02 
§ 1982; 1896 (22) 67; 1901 (23) 649. 

§ 47-1326. Erection of poles, etc., on streets in towns under five thousand. 

In towns of less than five thousand inhabitants, incorporated under the pro- 
visions of chapter 4 of this Title, the town council may, in its discretion, au- 
thorize the erection of poles, posts and any other obstruction which, without 
legislative sanction, either mediately or immediately given, would constitute 
nuisances in, upon or under the highways, streets and roads of said town. 

1942 Code §7438: 1932 Code §7438; Civ. C. '22 §4550; Civ. C '12 §2951; Civ. C. '02 
§1985; 1896 (22) 67; 1901 (23) 649; 1908 (25) 1023. 

Injury caused by overhanging sign. — See 
note to § 47-1323. 

§ 47-1327. Opening, closing, etc., street in cities over five thousand; damages. 
The city council of any city containing more than five thousand in- 
habitants may lay out and open new streets in the city and close up, widen 
or otherwise alter streets in such city whenever, in its judgment, it may be 
necessary for the improvement or convenience of the city. But it shall first 
pay damages, should any be claimed, to any landowner through whose prem- 
ises such streets may run, such damages to be fixed and determined by five 
freeholders of the city, two of whom shall be chosen by the city council, 
two by the landowner and the fifth by the persons so chosen and who, before 
assessing such damages, shall be sworn to do impartial justice between the 
city and the landowner, taking into consideration the damages that may ac- 
crue to him thereby. And should any such landowner refuse or neglect, after 
ten days' notice from the city council, to nominate in writing two freeholders 
for such purpose, then the city council may appoint them and the}- shall pro- 
ceed as if appointed by the landowner. Either of the parties shall have the 
right to appeal from the award of the commissioners to the court of common 

196 



§ 47-1327 



Municipal Corporations 



§47-1327 



pleas and on such appeal to have the questions at issue tried de novo before 
a jury in such court. But such appeal shall not operate to delay the opening, 
widening or altering of any such street, but the city council may take posses- 
sion of the lands and proceed upon the work, on depositing with the clerk of 
the court of common pleas the amount fixed by the commissioners. 

1942 Code § 7455; 1932 Code § 7455; Civ. C. '22 § 4570; Civ. C. '12 § 2926; Civ. C. '02 
§1967; 1901 (23) 648. 



Powers of city council. — Under this sec- 
tion a city council is vested with full and 
exclusive power to control and direct the 
use of land for street purposes, and the 
exercise of that power is purely a legis- 
lative function. Gradv v. Greenville, 129 
S. C. 89, 123 S. E. 494 (1924). 

Ejusdem generis is inapplicable to sec- 
tion. — The rule of ejusdem generis cannot 
be invoked in construing this section as to 
cities having authority to lay out, open, 
close, and widen streets, or otherwise alter 
those in use, since the specific words "lay 
out," "open," "close," and "widen" are not 
all of the same general nature. Stone v. 
Greenville, 111 S. C. 78, 96 S. E. 520 (1918). 

Use of discretion in closing streets. — 
In dealing with discretion in closing streets, 
the general rule is that courts will not in- 
terfere with the exercise of such discre- 
tionary powers by a municipal body, except 
in cases of fraud or clear abuse of power. 
Bethel M. E. Church v. Greenville, 211 S. 
C. 442, 45 S. E. (2d) 841 (1947). 

Public necessity is required to close street. 
— If all the persons whose property physi- 
cally abuts on the closed portion of a street 
would consent to it being closed, their con- 
sent would not justify the city council in 
closing such street, which affords the only 
feasible means of access to the plaintiff's 
property, without public necessity. Bethel 
M. E. Church v. Greenville, 211 S. C. 442, 
45 S. E. (2d) 841 (1947). 

A municipal corporation holds and con- 
trols its streets in trust for the use and 
benefit of the general public, without power 
of converting them to any other use. It 
follows, necessarily, that the right to vacate 
a street is to be exercised only when the 
municipal authorities, in the exercise of a 
sound official discretion, determine that the 
street is no longer required for the public 
use or convenience. There must be a show- 
ing that the public interests would be sub- 
served bv closing the street. Bethel M. E. 
Church v. Greenville, 211 S. C. 442, 45 
S. E. (2d) 841 (1947). 



Injunction to prevent obstruction of 

street. — An injunction lies to prevent ob- 
struction of a public street or alley if the 
plaintiff has no adequate remedy at law, 
as when plaintiff has suffered a special in- 
jury different in degree and in kind from 
that suffered by the general public. Bethel 
M. E. Church v. Greenville, 211 S. C. 442, 
45 S. E. (2d) 841 (1947). 

Method for ascertaining damages is ex- 
clusive. — The method appointed in this sec- 
tion for ascertaining damages is exclusive. 
Garraux v. Greenville, 53 S. C. 575, 31 S. E. 
597 (1898). 

Liability to abutting owner for street 
grade change. — Under this section a city is 
liable for damages resulting to abutting 
property from change of grade of street, 
since the words "otherwise alter" do not 
refer only to alterations of the same general 
nature as those described by the words 
"lay out," "open," "close," and "widen." 
Stone v. Greenville, 111 S. C. 78, 96 S. E. 
520 (1918). 

And for altering sidewalk grade. — As 
to liability in damages to abutting owner 
for altering grade of sidewalk, see Bramlett 
v. Laurens, 58 S. C. 60, 36 S. E. 444 (1892) ; 
Wilkins v. Gaffney City, 54 S. C. 199, 32 S. 
E. 299 (1899); Paris Mt. Water Co. v. 
Greenville, 53 S. C. 82, 30 S. E. 699 (1898). 

Liability for improper surface drainage. — 
Where a city after raising a street failed to 
provide a proper system of surface drain- 
age, the remedy of a property owner, dam- 
aged thereby, was not under this section. 
Wilson v. Laurens, 134 S. C. 271, 132 S. E. 
590 (1926). 

Rule as to benefits under this section is 
inapplicable, and charge thereon properly 
denied, in action by property owner for 
damages from surface water due to in- 
adequacy of drain after raising of streets. 
Wilson 'v. Laurens, 134 S. C. 271, 132 S. 
E. 590 (1926). 

ADplied in Solen Corp. v. Robertson, 
142 S. C. 56, 140 S. E. 236 (1927); Chapman 
v. Greenville, 127 S. C. 173, 120 S. E. 584 
(1923). 



197 



§ 47-1328 Code of Laws of South Carolina § 47-1330 

§ 47-1328. Deeds to property so condemned. 

After real property has been acquired by a municipality under the pro- 
visions of § 47-1327 the owner shall execute his deed without warranty con- 
veying such real property to such municipality for the purpose for which such 
property was condemned upon the city paying to such owner the amount of 
the award in such condemnation proceeding. If such owner shall fail or 
neglect so to do then the clerk of the court of common pleas in the county in 
which such municipality is located shall, on the condemnation proceedings 
being filed in his office and entered as a judgment roll and on the amount of 
the award being paid to him for the owner, execute a deed for the property 
condemned to such municipality in the name of the owner. Such deed shall 
be without warranty, shall be for the purpose for which such property was 
condemned and shall be binding on such owner, his heirs and assigns. But 
no such deed shall be given by the clerk of the court until ten days shall have 
elapsed from the date of the award and when there has been an appeal within 
ten days from such award such deed shall not be executed by the clerk until 
after final disposition of such appeal. 

1946 (44) 1S00. 

§ 47-1329. Approval of subdivisions in cities of thirty-five thousand or more. 

It shall be unlawful to sell and convey lots or parcels of real estate sub- 
divided into lots and streets, situated within five miles of a city having a pop- 
ulation of thirty-five thousand or more, unless and until a map or plat has 
been approved by the city engineer of the city constituting the county seat in 
the county in which such lot or parcel is located and until such map, with 
the approval of such city engineer, has been duly recorded in the office of 
the clerk of the court of common pleas or of the register of mesne convey- 
ances for such county in which it is located. If the city engineer shall dis- 
approve the plans submitted to him or if his rulings shall be unsatisfactory 
to those persons submitting such plans an appeal may be had to the city coun- 
cil or other governing body of the city. 

1942 Code § 7549; 1932 Code § 7389: 1925 (34) 14; 1940 (41) 1849. 

Cross reference. — As to approval of sub- 
division plats in cities over thirty-four 
thousand, see §§47-1039, 47-1040. 

§ 47-1330. Change of street names near cities of fifty thousand or more. 

In any county and beyond the borders of any incorporated city or town 
and within a radius of five miles of any city having a population of fifty thou- 
sand or more, the city engineer of such city and the county engineer of such 
county may change the name of any street or road. Any such change of 
name when made shall be certified to the office of the clerk of court of com- 
mon pleas and general sessions or of the register of mesne conveyances for 
such county, there to be recorded. In any count)' having no county engineer 
the executive officer of the county department or agency having jurisdiction 
of the construction and maintenance of county roads and highways shall act 
in his stead. But the city engineer of a city that had a population of more 

19S 



§47-1331 Municipal Corporations §47-1342 

than sixty thousand and less than seventy thousand according to the 1940 
United States census shall not have the right to change the names of streets 
that lie outside the county in which the city hall of such city is located. 
1942 Code §7549: 1932 Code §7389; 1925 (34) 14; 1940 (41) 1849; 1944 (43) 1294. 

§47-1331. Names of streets and numbers of lots in counties outside cities of 
60,000 to 70,000, 1940 census. 

In any county, beyond the borders of any incorporated city or town and 
within a radius of five miles of the center of any city having a population of 
more than sixty thousand and less than seventy thousand according to the 1940 
United States census, the city engineer of such city and the county engineer of 
such county may give a name to any street or road and may change and 
give a number to designate each lot of land facing and fronting on such street or 
road a distance of twenty-six feet. Any such given name or changed or 
given number designating such lot of land facing thereon when made shall 
be certified to the office of the clerk of the court of common pleas and general 
sessions or of the register of mesne conveyance for such county for recorda- 
tion. But such city engineer shall not have the right to give names to streets 
that lie outside the county in which the city hall of such city is located. 

1944 (43) 1294. 

Article 3. 
Assessment of Abutting Property for Street Improvements. 

§ 47-1341. When assessment permitted. 

Any incorporated city or town of this State may provide by ordinance for 
the payment of the cost of the permanent improvements of its streets and 
sidewalks by levying upon the owners of property immediately abutting on 
the streets and sidewalks or parts of either so improved an assessment in pro- 
portion to the frontage only of such property on such streets or sidewalks or 
parts of either so improved of not exceeding in the aggregate one half of the 
cost of such improvements. 

1942 Code §7374; 1932 Code §7374; Civ. C. '22 §4506; 1915 (29) 250: 1919 (31) 140. 

Section is constitutional. — The imposition violate S. C. Const. Art. 10, § 14, adopted 

of assessments for public improvements February 3. 1911, authorizing certain cities, 

does not violate the Fourteenth Amend- including Columbia, to order improvements 

ment to the Federal Constitution. Cheraw on petition of abutting owners. Ballentine 

v. Turnage, 184 S. C. 76, 191 S. E. 831 v. Columbia, 132 S. C. 88, 129 S. E. 82 

(1937). (1925). 

Section does not apply to Columbia. — Applied in Carolina & N. W. Ry Co. v. 

Ballentine v. Columbia, 132 S. C. 88, 129 Clover. 46 F. (2d) 395 (1931). 

S. E. 82 (1925). Stated in Orangeburg v. Southern Ry. 

This and following sections requiring Co.. 134 F. (2d) 890 (1943). 

election as to street improvements, if con- Cited in Cleveland v. Spartansburg, 185 

strued applicable to city of Columbia, would S. C. 373, 194 S. E. 128 (1937). 

§ 47-1342. Prerequisites to such assessment. 

No such assessment shall be so laid upon the abutting property owners un- 
til such improvements have been ordered pursuant to such ordinance upon the 
written consent, signed and filed with the city or town clerk, of not less than 

199 



§ 47-1343 Code of Laws of South Carolina § 47-1345 

two thirds in number of the owners of the property abutting- upon the street, 
sidewalk or part of either proposed to be improved and provision made for 
the payment by the corporate authorities of such city or town of not less than 
one half of the cost of such improvement. The times and terms of payment 
and rates of interest on deferred payments of assessments by such property 
owners shall be such as may be prescribed by ordinance. 

1942 Code §7374; 1932 Code §7374: Civ. C. '22 §4506; 1915 (29) 250; 1919 (31) 140. 

Consent of two thirds of owners is indis- of council. Ballentine v. Columbia, 129 S. 

pensable. — In action to recover back assess- C. 410, 124 S. E. 643 (1924). 

ment paid by plaintiff, on ground that writ- Abutting owner may be estopped from 

ten consent of two thirds of owners was contesting validity of street assessment on 

not filed with clerk of council as required ground that election as to whether im- 

by this section, the fact that it had been provement should be made was not held 

reported to the council that a sufficient as required by this and following sections, 

number had signed and that the ordinance Ballentine v. Columbia, 132 S. C. 88, 129 

so declaring had been passed was held to S. E. 82 (1925). 

be no defense to such requirement. Ballen- In abutting owner's action to recover back 

tine v. Columbia, 129 S. C. 410, 124 S. E. assessment paid, defense that city had is- 

643 (1924). sued certificates representing assessments 

Estoppel to deny validity of assessment. — and that certificates had passed into hands 
Abutting owner, who received benefit of of bona fide holders had bearing on defense 
street improvement with full knowledge of of estoppel by failure to object, also asserted 
making of improvement without objection, against plaintiff, and should not have been 
was estopped to deny validity of assessment dismissed on demurrer. Ballentine v. Co- 
on ground that written consent of two lumbia, 129 S. C. 410, 124 S. E. 643 (1924). 
thirds of owners was not filed with clerk Quoted in Cheraw v. Turnage, 184 S. C. 

76, 191 S. E. S31 (1937). 

§ 47-1343. Same ; special provisions for Anderson. 

In the city of Anderson the consent required under the provisions of § 47- 
1342 as a prerequisite to such an assessment need be signed by only a ma- 
jority in number of the owners of the property abutting upon such street, 
sidewalk or part thereof proposed to be improved. 

1942 Code §7675-3; 1934 (38) 1748. 

§47-1344. Blank. 

§ 47-1345. Same ; special provision for Hartsville. 

The town of Hartsville may levy an assessment or tax upon abutting prop- 
erty in the town for the purpose of making permanent improvements on 
streets and/or sidewalks immediately abutting such property. Any such as- 
sessment, levy or tax shall constitute a lien upon such property next in pri- 
ority to the liens for the county, State and municipal taxes and shall be en- 
forceable and collectible in the same way as other taxes, fines and assessments. 
Such improvements may be ordered only upon the written consent of two 
thirds of the owners of the property abutting upon such streets or sidewalks 
and upon condition that the corporate authorities shall pay at least one third of 
the costs of such improvements. 

1946 (44) 2600. 



200 



§47-1346 Municipal Corporations §47-1350 

§ 47-1346. Exemption of church property in McColl. 

The town council of the town of McColl may exempt by ordinance the prop- 
erty of all organized denominational churches abutting upon the paved side- 
walks or streets of said town from the lien for paving assessments and in 
those instances where the assessments have been paid in whole or part, the 
council may by ordinance direct the town's proper officer to refund, without 
interest, such payments from the fund of the town. 

1945 (44) 319. 

§ 47-1347. Reimbursement agreements with abutting owners in Marion. 

The town council of the town of Marion may, in its discretion, make valid 
and binding reimbursement agreements with abutting property owners as to 
any one or more paving projects which may hereafter be constructed in said 
town by providing in each case for the reimbursement to these owners an- 
nually or otherwise of such percentage of the cost of such paving project as 
the town council may deem expedient and for such reimbursement the town 
council may use any surplus funds resulting from the operation of the water- 
works system. The term "surplus funds" as herein used means funds over and 
above those reasonably required for the operation and maintenance of the 
waterworks system. 

1942 Code §7675-41; 1936 (39) 1791. 

§47-1348. Blank. 

§47-1349. Use of funds. 

The amounts of money raised by such assessments, together with the 
amounts added thereto by the city or town authorities from the city or town 
treasury, shall constitute and be kept as a separate fund, to be used only for 
the purpose for which it was raised and appropriated. 

1942 Code §7375; 1932 Code §7375; Civ. C. '22 §4507; 1919 (31) 140. 

§ 47-1350. Assessments a lien; enforcement. 

Such assessments shall be entered in a book kept by the city or town clerk, 
to be entitled "assessment liens," stating the names of the owners, the loca- 
tion of the property and the amount of the assessment and the time or times 
of payment. When so entered such assessments shall constitute and be a 
lien upon the property so assessed and payment thereof may be enforced as 
the payment of city or town taxes is enforced. Such lien shall continue from 
the date of entry on such book until the expiration of five years from the 
date when final payment is due and payable, unless sooner paid. Upon default 
in the payment of any installment or deferred portion of any assessment, at 
the time and in accordance with the terms and conditions fixed by ordinance, 
the total amount of any such assessment then unpaid (including deferred in- 
stallments or payments and interest) shall immediately become due and col- 
lectible as city or town taxes are collected and with such penalties and costs 
as are now provided for the payment of such taxes. 

1942 Code § 7376; 1932 Code § 7376; Civ. C. '22 § 450S; 1919 (31) 140. 

201 



§ 47-1350 



Code of Laws of South Carolina 



§47-1350 



I. General Consideration. 
II. Enforcement of Lien. 

III. Acceleration Clause. 

IV. Limitation Period. 

I. GENERAL CONSIDERATION. 

The language of this section is permissive 
and not mandatory. Cheraw v. Turnage, 
184 S. C. 76, 191 S. E. 831 (1937). 

Lien is constitutional. — The imposition 
of the paving assessment cannot violate any 
provision of the State Constitution, for the 
lien is created by the Constitution itself. 
Cheraw v. Turnage, 184 S. C. 76, 191 S. E. 
831 (1937). 

As is interest for nonpayment of assess- 
ment. — The imposition of interest at the 
rate of six per cent upon the nonpayment 
of the assessment is not an unconstitutional 
attempt to collect a penalty, for such action 
is not prohibited by any provision of the 
Constitution. On the other hand, the very 
power to impose the assessment may well 
be held to carry with it the power to im- 
pose reasonable penalties for nonpayment 
as an essential characteristic of the right 
itself. — Cheraw v. Turnage, 184 S. C. 76, 
191 S. E. 831 (1937). 

And lien ranks above all private interests. 
— Unlike a tax, the paving assessment 
creates a paramount lien superior to every 
private interest in the property. Cheraw v. 
Turnage, 184 S. C. 76, 191 S. E. 831 (1937). 

Except earlier Federal lien. — Even though 
State, county and city taxes, and special 
assessments are assessed against specific 
property and become liens upon it, liens 
of the United States for past-due income 
taxes maturing before such other taxes and 
special assessments have priority thereover. 
United States v. Greenville, 118 F. (2d) 963 
(1941). 

Cited in Cleveland v. Spartanburg, 185 
S. C. 373, 194 S. E. 128 (1937). 

II. ENFORCEMENT OF LIEN. 

Lien enforcement is in rem proceeding. — 
Assessments for street improvements do 
not give rise to a personal liability, and suits 
to enforce them are actions in rem. Orange- 
burg v. Southern Ry. Co., 134 F. (2d) 890 
(1943). 

In South Carolina, taxes, even those on 
real estate, are primarily enforceable against 
the personalty of the taxpayer, but that is 
untrue of a street improvement assessment. 
There is no personal liability, but it is 
wholly and entirely a lien on a tract of 
land itself, and the municipality must look 
to the land and not to the owner. Pro- 
ceedings to enforce a street improvement 



are entirely in rem. Orangeburg v. South- 
ern Ry. Co., 45 F. Supp. 734 (1942), affirmed 
in 134 F. (2d) 890 (19431, cert, denied in 
324 U. S. 860, 65 S. Ct. 866, 89 L. Ed. 1417 
(1945). 

In a suit to foreclose a paving assessment 
lien, it is immaterial whether the defendants 
or any of them were the owners of the 
property at the time the assessment was 
imposed or whether they acquired their 
titles thereafter. The assessment is against 
the property, not the person, and follows 
the property at all times and under all con- 
ditions until it is paid. Cheraw v. Turnage, 
184 S. C. 76, 191 S. E. 831 (1937). 

And foreclosure can be had in equity. — 
A paving assessment lien can be foreclosed 
by a suit in equity for such foreclosure is 
not restricted to the procedure provided 
for the enforcement of taxes. Cheraw v. 
Turnage, 184 S. C. 76, 191 S. E. 831 (1937). 

Interests of residents and nonresidents 
may be barred. — The enforcement of the 
lien of the paving assessment is against 
the property alone, and, as in cases of non- 
resident attachment, foreclosures against 
nonresidents, and the like, the court is not 
without power to liar the interests of non- 
residents and residents alike, where juris- 
diction of the interests of the nonresidents 
is obtained in the manner provided by the 
statutes relating to publication of the sum- 
mons. Cheraw v. Turnage, 184 S. C. 76, 
191 S. E. 831 (1937). 

And court may decree sale free of dower. 
— The court has power to decree a sale to 
enforce a paving assessment free of all 
dower or other interests on the part of all 
of the defendants who are before the court. 
Cheraw v. Turnage, 184 S. C. 76, 191 S. E. 
831 (1937). 

No right of redemption at sale. — The pur- 
chaser at a sale made to enforce a paving 
assessment is entitled to the property free 
of any right of redemption on the part of 
any owner of the property or interest there- 
in. Cheraw v. Turnage, 184 S. C. 76, 191 
S. E. 831 (1937). 

III. ACCELERATION CLAUSE. 

Acceleration clause is quasi penalty. — 
The purpose of the acceleration provision 
is clearly to give the creditor a ''sword of 
Damocles" with which to impress upon the 
property owner the importance of making 
payments as stipulated. It is in the nature 
of a penalty. It is an additional remedy, 
and usually an oppressive action, the threat 
of which is well calculated to insure pay- 
ment of the assessment. Barker v. Allen- 
dale, 203 S. C. 149, 26 S. E. (2d) 393 (1943). 



202 



§ 47-1351 Municipal Corporations § 47-1356 

Which is optional remedy. — The accelera- fault in payment of an installment, the in- 

tion provision of this section is not auto- stallment arrangement continues in effect, 

matic, but is optional with the municipality. and the five-year limitation period does not 

Barker v. Allendale, 203 S. C. 149, 26 S. E. begin to run until the last installment ma- 

(2d) 393 (1943). tures. Cheraw v. Turnage, 184 S. C. 76, 191 

This section does not require accelera- S. E. 831 (1937). 

tion. Orangeburg v. Southern Ry. Co., 55 Where a city ordinance a u owe d payment 

b. Supp. 167 (1944). f assessment either to be paid in full within 

_ . _ T _ thirty days or to be paid in installments, 

IV. LIMITATION PERIOD. ., i !•_■* *■ t. ■ r 

the nve-year limitation begins to run from 

Running of five-year limitation period. — the end of the thirty-day period unless the 

The acceleration provision in this section property owner affirmatively exercises the 

is optional with the municipality. Unless right to pay in installments. Southern Ry. 

and until the municipality exercises its right Co. v. Orangeburg, 145 F. (2d) 725 (1944), 

to declare the whole balance of the assess- cert, denied in 324 U. S. 860, 65 S. Ct. 866, 

ment to be due and payable because of de- 89 L. Ed. 1417 (1945). 

§ 47-1351. Same ; special provision for Allendale. 

The town council of the town of Allendale may permit owners of property- 
abutting on paved streets and sidewalks of said town who are indebted to the 
town for paving assessments against such property to pay the amount of past 
due, current and future assessments in annual or semi-annual installments in 
such amounts and over such period of years, not exceeding twenty years, as 
the town council may in its discretion prescribe by ordinance or resolution, 
Mich installments to bear such rate of interest as the council may prescribe 
in its discretion. Whenever any owner of property abutting upon paved 
streets and sidewalks of said town shall apply to the town council for the 
right to pay such assessments in installments as provided in this section and 
when such application shall have been granted by the town council, the lien 
on such property for paving assessments theretofore assessed and unpaid shall 
merge into the lien of the assessments newly provided for under the provisions 
hereof, but the priority of the lien for paving assessments fixed hereunder shall 
date back to the time of the original assessment and shall not be impaired by 
any intervening liens against such property. 

1942 Code §7675-2; 1937 (40) 272. 

§ 47-1352. Entry of satisfaction upon payment. 

The city or town clerk shall be required by ordinance of the city or town 
to make entry of satisfaction on such "assessment liens" book as soon as full 
payment is made and the lien shall be thereby extinguished. 

1942 Code §7377; 1932 Code %7277; Civ. C. '22 §4509; 1919 (31) 140. 

§§47-1353 to 47-1355. Blank. 

§ 47-1356. May require notice of transfer of property under lien. 

Such cities or towns may, by ordinance, require the grantor and grantee of 
any property or part thereof sold or transferred after such assessment has 
been laid thereon and before such assessment lien has been extinguished, as 
provided herein, to file in writing with the city or town clerk, within ten days 
after every such sale or transfer, the name of such grantor and grantee, an 

203 



§ 47-1357 Code of Laws of South Carolina § 47-1358 

accurate description of the property sold or transferred and the date of such 
sale or transfer. 

1942 Code §7379; 1932 Code §7379; Civ. C. '22 §4511; 1919 (31) 140. 

§ 47-1357. Provisions not effective locally until approved by local elections. 

The provisions of §§ 47-1341, 47-1342, 47-1349, 47-1350, 47-1352 and 47- 

1356 shall not apply or become operative in any city or town until upon being 

submitted to the qualified electors thereof by the city or town council for 

approval, a majority of the qualified electors voting on the question of such 

approval vote in favor thereof at any general municipal election or at any 

special municipal election (whether called and held for that purpose or not) 

when the question of such approval of said sections is submitted and voted on 

separately and the ballots thereon deposited in a separate box properly labeled 

and provided for that purpose. 

1942 Code §7381; 1932 Code §§7380, 7381; Civ. C. '22 §4512; 1919 (31) 140; 1922 (32) 
974; 1925 (34) 281; 1926 (34) 1028; 1929 (36) 624; 1930 (36) 1324; 1932 {37) 1149; 1936 
(39) 1288; 1937 (40) 304, 457; 1938 (40) 1802. 

§ 47-1358. Same ; exceptions for certain localities. 

The provisions of § 47-1357 shall not be applicable in the city of Anderson in 
Anderson County or in the towns of Fort Mill in York County, Kingstree in Wil- 
liamsburg County, Saluda in Saluda County and Woodruff in Spartanburg Coun- 
ty, nor shall they be applicable in the cities and towns of Bishopville in Lee 
County, Cayce in Lexington County, Chester in Chester County, Due West in 
Abbeville County, Elloree in Orangeburg County, Georgetown in Georgetown 
County, McColl in Marlboro County or Myrtle Beach in Horry County, respec- 
tively, if the city or town council of any such city or town by ordinance adopt 
the provisions of §§ 47-1341, 47-1342, 47-1349, 47-1350, 47-1352 and 47-1356. 

1942 Code §§7381, 7675-3; 1932 Code §§7380, 7381; Civ. C. '22 §4512; 1919 (31) 140; 

1922 (32) 974; 1925 (34) 281; 1926 (34) 1028; 1929 (36) 624; 1930 (36) 1324; 1932 (37) 

1149; 1934 (38) 1748; 1936 (.39) 1288; 1937 (40) 304, 457; 1938 (40) 1802; 1947 (45) 187; 
1948 (45) 1941, 2022. 



204 



§ 47-1401 Municipal Corporations § 47-1402 

CHAPTER 12. 
Cemeteries and Cemetery Commissions. 

Article 1. Article 4. 

Generally. Commissions for Certain Cities of 

5 ec Twenty Thousand and Above. 

47-1401. Acquisition and operation of ceme- Sec. 

teries; police powers when out- 47-1431. Appointment and terms, 

side city. 47-1432. Bond and compensation of com- 
47-1402. Condemnation of land for ceme- missioners. 

tery purposes. 47-1433. Officers. 

47-1434. Receipt of gifts, etc. 

Article 2. 47-1435. Transfer of funds to commission. 

Commissions in Municipalities of 47-1436. Investment. 

2,000 to 5,000. 47-1437. Disbursements and reports. 

47-1411. Election and term. 
47-1412. Removal; vacancies. 
47-1413. Duties and powers. 



47-1438. Liability of cities. 

Article 5. 
Saluda Cemetery Commission. 



Article 3. 47-1451. Creation of cemetery commission. 

_ -. . _ „ „ 47-1452. Vacancies. 

Trusts in Cities Over 5,000. 47 . 1453 _ 0fficers of commission . 

47-1421. Acceptance of trust for mainte- 47-1454. Saluda may acquire burial ground. 

nance of burial lots, etc. 47-1455. Control and management of cerae- 
47-1422. Transfer of funds to city. tery; size and price of lots. 

47-1423. Ordinance to provide terms of ac- 47-1456. Advance of funds to commission; 

ceptance. repayment. 

47-1424. City may contract for service. 

Article 1. 

Generally. 

§47-1401. Acquisition and operation of cemeteries; police powers when out- 
side city. 

The city or town council of every incorporated city or town in this State 
may purchase or otherwise acquire, own, hold, operate, sub-divide and de- 
velop cemeteries or burial grounds in or near such city or town and lands 
for cemeteries or burial grounds in or near such city or town, and dispose 
of lots or portions of such cemeteries or burial grounds and lots or portions 
of such lands under such terms and conditions as the city or town council 
may prescribe. All police powers of any such municipality shall extend to 
any cemetery or burial ground owned, operated or controlled by the mu- 
nicipality which lies outside the incorporated limits thereof. 

1947 (45) 54. 

§ 47-1402. Condemnation of land for cemetery purposes. 

Any city or town council empowered to own, operate and develop ceme- 
teries may condemn, take and use any land that it may deem necessary for 
such purpose, whether such land be situate within or without its corporate 

205 



§47-1411 Code of Laws of South Carolina §47-1413 

limits. Such condemnation shall be had and done in the same manner as 
is provided in article 4 of chapter 3 of Title 59. 
1942 Code §7309; 1932 Code §7309; 1928 (35) 1247. 

Article 2. 
Commissions in Municipalities of 2,000 to 5,000. 

§47-1411. Election and term. 

Any city or town council of any city or town in this State which has a popu- 
lation of more than two thousand and less than five thousand according to 
the latest census of the United States government may create by ordinance for 
such city or town a cemetery commission to be composed of three resident 
qualified electors of such city or town and may elect three commissioners, 
the term of their office to run as follows: one commissioner for two years, 
one commissioner for four years and one commissioner for six years. At 
the expiration of each of such terms such city or town council shall elect 
a successor whose term of office shall be six years, so that not more than 
one of such commissioners' terms of office shall expire every two years. 

1942 Code §7452-1; 1939 (41) 292. 

§47-1412. Removal ; vacancies. 

When such commissioners are elected and accept the appointment of the 
office, they shall not be subject to removal by the council except for cause. 
Should a vacancy occur then the council shall elect a successor for the un- 
expired term only. 

1942 Code §7452-1; 1939 (41) 292. 

§ 47-1413. Duties and powers. 

Such cemetery commission shall meet and from its number elect a chair- 
man and secretary and shall meet thereafter as often as may be reason- 
ably necessary. It shall receive from the custodian of such city or town 
any and all funds then in the hands of the officials of such city or town which 
may be allotted, bequeathed, devised, donated, given or otherwise acquired 
for cemetery purposes and shall continue to receive, accept and administer 
all such funds and property and shall hold, manage and invest them by 
loaning or depositing such funds or property under and in accordance with 
the statute law of this State pertaining to trust funds or fiduciaries with 
full power and authority to acquire real estate by purchase and with full 
power and authority to sell and convey real estate upon the approval of 
the city or town council. It shall have charge of the upkeep and main- 
tenance of the cemetery under the control of such city or town and shall 
fully discharge the duties pertaining to such cemetery from time to time. 

1942 Code §7452-1; 1939 (41) 292. 



206 






§47-1421 Municipal Corporations §47-1431 

Article 3. 
Trusts in Cities Over 5,000. 

§ 47-1421. Acceptance of trust for maintenance of burial lots, etc. 

Any incorporated city in this State having a population of more than five 
thousand inhabitants and owning a cemetery may receive by gift, devise, be- 
quest or settlement in trust any sum of money from any person when such 
sum is turned over to it in trust to be invested and the annual income used 
in maintaining, caring for or keeping in repair any tomb, burial lot, grave 
or graves as may be then or thereafter designated by the person creating 
such trust fund and agreed to by such city. 

1942 Code §7471; 1938 (40) 1662. 

§47-1422. Transfer of funds to city. 

Any person that may have funds to be used for the maintenance, care 
or keeping in repair of any tomb, burial lot, grave or graves in any such 
cemetery may with the consent of any such city deliver such funds to such 
city with a statement showing the source thereof and the designation of the 
tomb, burial lot, grave or graves to be maintained, cared for or kept in re- 
pair and a receipt from such city shall operate as a discharge of liability 
for the amount so delivered in trust to any such city. 

1942 Code §7471; 1938 (40) 1662. 

§ 47-1423. Ordinance to provide terms of acceptance. 

Any such city desiring to avail itself of the provisions of §§ 47-1421 and 
47-1422 shall by ordinance or resolution provide the terms and conditions upon 
which any such trust funds will be received and administered by it and no 
such city shall be liable to account for any such trust funds so long as such 
city shall substantially comply with such terms and conditions. 

1942 Code §7471; 1938 (40) 1662. 

§ 47-1424. City may contract for service. 

Any such city may contract with any person for the maintenance, care 
and keeping in repair of any tomb, burial lot or grave in any such cemetery 
for such consideration and upon such terms and conditions as may be fixed 
by any such city. 

1942 Code §7471; 1938 (40) 1662. 

Article 4. 

Commissions for Certain Cities of Twenty Thousand and Above. 

§47-1431. Appointment and terms. 

Any incorporated city or town in this State having a population of twenty 
thousand inhabitants or above and owning a cemetery or burying ground 
may create by ordinance a cemetery commission, to be composed of three 
discreet persons, residents of such city, whose terms of office shall be six 
years from the date of their respective appointments except that at the 

207 



§ 47-1432 Code of Laws of South Carolina § 47-1437 

creation of such commission one shall be appointed for two years, one for 
four and the other for six. 

1942 Code §7536; 1935 (39) 97. 

§ 47-1432. Bond and compensation of commissioners. 

The commissioners shall each give bond in such sum as the city or town 
council shall fix, the premiums therefor to be paid out of the funds left 
with them, each fund bearing its proportion of such expense. The com- 
missioners shall receive no compensation except such as may be allowed the 
secretary and treasurer, to be paid by the city or town, and the position of 
commissioner shall not be such office as denned or held in this State to pre- 
vent the holding of any office or position of honor, profit or trust. 

1942 Code § 7536; 1935 (39) 97. 

§47-1433. Officers. 

Every such commission shall once in every two years elect from its number 
a chairman and a secretary and treasurer. 

1942 Code §7536; 1935 (39) 97. 

§ 47-1434. Receipt of gifts, etc. 

Any such commission may receive by gift, devise, bequest or settlement 
in trust any sum of money from any person turned over to it in trust to be 
invested and the income used in the upkeep and care of any grave or graves 
as may be then or thereafter designated by the person turning such fund 
over to it. 

1942 Code §7536; 1935 (39) 97. 

§ 47-1435. Transfer of funds to commission. 

Any commission, committee, person, city or town now having funds in 
its hands for the upkeep and care of graves in such cemeteries may deliver 
such funds to such commission contemporaneously with a statement show- 
ing the sources and the designation of graves to be cared for and amounts 
therefor. A receipt from the commission shall operate as a discharge of 
liability for the amount so delivered. 

1942 Code § 7536; 1935 (39) 97. 

§ 47-1436. Investment. 

The members of any such commission shall invest or handle such funds in 
the manner provided by law for investments or handling of funds by ex- 
ecutors, administrators, guardians and trustees and the income shall be 
collected annually and expended in such manner as, in the judgment of the 
commission, will meet the purpose for which such fund was delivered. 

1942 Code § 7536; 1935 (39) 97. 

§ 47-1437. Disbursements and reports. 

No disbursement shall be made except by check and at the end of each 
calendar year the commission shall make up and file with the city or town 

208 






§ 47-1438 Municipal Corporations § 47-1455 

council a report showing all of its acts and doings and the funds received 
and disbursed during such year. All checks and vouchers shall be signed 
by the secretary and treasurer and one other member of the commission. 
1942 Code § 7536; 1935 (39) 97. 

§ 47-1438. Liability of cities. 

No liability shall attach to any city or town for any funds herein referred 
to or by reason of the handling or expenditure of such funds. 

1942 Code § 7536; 1935 (39) 97. 

Article 5. 
Saluda Cemetery Commission. 

§ 47-1451. Creation of cemetery commission. 

The town council of Saluda may appoint a Saluda Cemetery Commission 
composed of three persons, one of whom shall serve for a period of four 
years, one for a period of six years and one for a period of eight years. At 
the expiration of their terms of office, their respective successors shall be 
elected by the town council and the persons so elected shall serve for a period 
of eight years and until their successors have been elected and qualified. 

1949 (46) 322. 

§47-1452. Vacancies. 

If any vacancy on the commission herein created shall occur, such vacancy 
shall be filled by the town council. 

1949 (46) 322. 

§ 47-1453. Officers of commission. 

The commission herein created shall organize by electing a chairman and 
a secretary from their group and the town clerk and treasurer of the town 
shall act as the treasurer of the commission. 

1949 (46) 322. 

§ 47-1454. Saluda may acquire burial ground. 

The town of Saluda may acquire by gift or otherwise the property of the 
Saluda Cemetery Association and may acquire by gift, purchase or other- 
wise any additional area for burial purposes. 

1949 (46) 322. 

§ 47-1455. Control and management of cemetery; size and price of lots. 

The commission shall have complete and full charge of the management, 
control and maintenance of the property of the Saluda cemetery and may sell 
lots and make, execute and deliver deeds to such lots. The property of the 
cemetery shall be laid off in lots twenty-four feet by twenty-four feet and 
the minimum price for such lots shall be fifty dollars. 

1949 (46) 322. 

[5 SC Code] — 14 209 



§47-1456 



Code of Laws of South Carolina 



§47-1456 



§ 47-1456. Advance of funds to commission ; repayment. 

The town council may advance to the Saluda Cemetery Commission nec- 
essary funds for the purchase of any additional lands for burial purposes 
and for the maintenance of such property and money so advanced shall be 
repaid to the town upon the sale of cemetery lots. Fifty per cent of the 
sale price of any lot shall be turned over to the clerk and treasurer of the town 
to be applied upon the repayment of the money so advanced by the town to 
the commission. 

1949 (46) 322. 



CHAPTER 13. 
Miscellaneous Local Provisions. 



Sec. 
47-1501. 



Article 1. 
Andrews. 

Acceptance of municipal obliga- 
tions in payment of taxes. 

Article 2. 
Blank. 

Article 3. 
Beaufort. 



Sec. 

47-1556. 



47-1521. 


Certain lands vested in Beaufort. 




47-1522. 


Restriction on building on certain 
lots. 




47-1523. 


Per diem of mayor and councilmen. 

Article 4. 
Blacksburg. 


47-1571. 


47-1531. 


Wards in Blacksburg. 






Article 4.1. 


47-1581. 




Cayce. 




47-1536. 


Wards in Cayce. 






Article 5. 


47-1591. 




Charleston. 


47-1592. 


47-1541. 


Certain lands vested in Charleston. 


47-1593. 


47-1542. 


Sale of portions of Charleston com- 
mon. 


47-1594. 


47-1543. 


Wards. 


47-1595. 


47-1544. 


Number of aldermen. 




47-1545. 


One alderman elected by each 
ward. 


47-1596. 


47-1546. 


Twelve aldermen elected at large. 


47-1597. 


47-1547. 


Blank. 




47-1548. 


Number of ballot boxes. 


47-1598. 


47-1549. 


Blank. 


47-1599. 


47-1550. 


Vacancy in office of mayor. 


47-1599. 


47-1551. 


Vacancy in office of alderman. 






210 



Article 5.1. 
Chesterfield. 

Wards in Chesterfield. 

Article 6. 

Columbia. 

47-1561. Adoption of certain State legis- 
lation to collect taxes. 
47-1561.1. Wards. 
47-1562. Adding omitted areas to wards. 

Article 7. 

Cowpens. 

Fiscal year and time of levying 
taxes. 

Article 8. 

Georgetown. 

Salaries of mayor and aldermen. 

Article 9. 
Greenville. 

Aldermanic form of government. 

City manager; appointment and 
term. 

Qualifications of city manager. 

Bonds of city manager and em- 
ployees. 

Respective duties of council and 
city manager. 

General duties and powers of city 
manager. 

City manager to appoint em- 
ployees. 

Pay of adminstrative employees. 

Annual budget. 
1. Acting city manager when man- 
ager disabled, etc. 

[5SCCode] 






§47-1501 



Municipal Corporations 



§47-1501 



Sec. 

47-1599.2. Removal of city manager. 

47-1599.3. Powers not to be exercised by 
city manager. 

47-1599.4. Duty of city attorney as to fran- 
chise violations. 

47-1599.5. Use of surface treatment on 
streets and roadways. 

Article 10. 
Greenwood. 

47-1602. City manager. 

47-1603. Qualifications of city manager. 

47-1604. Bond of city manager or other em- 
ployees. 

47-1605. Acting city manager. 

47-1606. Removal of city manager. 

47-1607. Functions of council and manager. 

47-1608. Appointment, supervision and re- 
moval of employees. 

47-1609. Other duties and powers of city 
manager. 

47-1610. Compensation of city employees. 

47-1611. Budgets. 

47-1612. Water and light department; city 
recorder. 

47-1613. Reconstruction, etc., of certain 
grade separation structures. 

Article 11. 
Lancaster. 
47-1621. Division into wards. 

Article 12. 
Blank. 

Article 13. 
Pageland. 



Article 14. 
Blank. 

Article IS. 
Blank. 

Article 16. 
Ridge Spring. 
Sec 

47-1671. Date of election of mayor and war- 
dens. 

Article 17. 

Saluda. 

47-1681. Election of mayor and wardens; 

term. 
47-1682. Audit of books. 

Article 18. 
Spartanburg. 

47-1691. Time mayor and council take office. 

47-1692. Extra policemen for special occa- 
sions. 

47-1693. Police officers and jailers to fur- 
nish bonds. 

47-1694. Use of revenue from alcoholic 
liquors. 

Article 19. 

Union. 

47-1701. Union not to transfer its real prop- 
erty. 

Article 20. 
West Columbia. 
47-1711. Wards in West Columbia, 



47-1641. Wards. 



Article 1. 
Andrews. 

§ 47-1501. Acceptance of municipal obligations in payment of taxes. 

The mayor and city council of Andrews may by ordinance, in the discretion 
of such officials, provide that present or future taxes due the municipality 
may be paid by the delivery to the municipality of bonds or other obliga- 
tions of the municipality, whether due or not due, upon such terms and con- 
ditions as may be prescribed in the ordinance. 

1942 Code § 7675-5; 1933 (38) 450. 



Article 2. 

Blank. 
211 



§ 47-1521 Code of Laws of South Carolina § 47-1536 

Article 3. 

Beaufort. 

§ 47-1521. Certain lands vested in Beaufort. 

All the lands lying directly and immediately in front of the streets in the 
town of Beaufort which run northwardly and southwardly and which extend 
to Bay Street, down to the channel of the river lying in front of the town, 
whether they be covered with the waters of the river or not, shall be con- 
sidered as the property of, and belonging to, the town and shall never be 
granted by any Governor of this State or be otherwise vested in any person, 
unless it be by an act of the General Assembly passed for that purpose. And 
every grant which may, at any time hereafter, be obtained for any part of such 
land shall be ipso facto void. 

1942 Code § 2253; 1932 Code § 2253; Civ. C. '22 § 187; Civ. C. '12 § 185; Civ. C. '02 
§ 159; G. S. 74; R. S. 115; (5) 335. 

§ 47-1522. Restriction on building on certain lots. 

Such persons as may have obtained a right to any lots opposite such streets 

in the town of Beaufort, previous to the 21st day of December 1798, shall be 

restricted forever from erecting any buildings thereon and shall be, and are 

hereby, confined to making any improvements thereon, other than wharves, 

so as to leave the heads of such streets open and unobstructed. 

1942 Code § 2253; 1932 Code § 2253; Civ. C. '22 § 187; Civ. C. '12 § 185; Civ. C. '02 
s 159; G. S. 74; R. S. 115; (5) 335. 

§ 47-1523. Per diem of mayor and councilmen. 

The mayor and councilmen for the city of Beaufort shall not receive compen- 
sation for attendance at meetings of the council of said city for more than 
twelve regular and six special council meetings for any one year. Such com- 
pensation shall be paid from the funds of the city. 

1947 (45) 103; 1951 (47) 506. 

Article 4. 
Blacksburg. 

§47-1531. Wards in Blacksburg. 

The town of Blacksburg is divided into four wards as bounded and described 

in § 7446 of the Code of Laws of 1942. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918; Civ. C. '02 
§ 1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77; 1931 (37) 303, 383; 
1939 (41) 149; 1941 (42) 247. 

Article 4.1. 
Cayce. 

§ 47-1536. Wards in Cayce. 

The town of Cayce is divided into three wards as bounded and described in 
Act No. 776 of the Acts and Joint Resolutions of 1950 (Acts 1950, p. 1949). 

1950 (46) 1949. 

212 



§ 47-1541 Municipal Corporations § 47-1545 

Article 5. 

Charleston. 

§ 47-1541. Certain lands vested in Charleston. 

All vacant land, not legally vested in individuals, in the harbor of Charles- 
ton and covered by water is vested in the city of Charleston for public pur- 
poses, but not to be so used or disposed of as to obstruct or injure the navi- 
gation of said harbor. 

1942 Code § 2250; 1932 Code § 2250; Civ. C. '22 § 186; Civ. C. '12 § 1S4; Civ. C. '02 
§ 158; G. S. 73; R. S. 114; (7) 151. 

Applied in Ehrhardt v. Charleston, 215 
S. C. 390, 55 S. E. (2d) 344 (1949). 

§ 47-1542. Sale of portions of Charleston common. 

The city council of Charleston may, with the consent and approval of the 
commissioners of the Colonial common and Ashley embankment, at any time 
and from time to time, sell, convey or lease for public or commercial pur- 
poses all or any part of the occupied, filled in or vacant marsh lands and 
mud flats on the east side of Ashley River within the limits of the city, here- 
tofore dedicated by the Colonial government as a common for Charles Town. 
If the Colonial common and Ashley River embankment commission should 
fail or refuse within fifteen days after written request of the mayor of Charles- 
ton to give its consent to the sale, lease, transfer or any other mode of con- 
veyance of the whole or any portion of such lands, the city council of Charles- 
ton, by a two-thirds vote of those members present at any meeting of the 
city council, may sell, lease and convey such occupied, filled in or vacant lands 
without the consent of the commissioners of the Colonial common and Ashley 
River embankment. 

1942 Code § 2252; 1932 Code § 2252; 1930 (36) 1270; 1949 (46) 290. 

Erection of apartment building is permit- purpose within the terms of this section. 

ted. — The erection of a fourteen story apart- Ehrhardt v. Charleston, 215 S. C. 390, 55 

ment building for residential and commer- S. E. (2d) 344 (1949). 
cial purposes is a "public or commercial" 

§47-1543. Wards. 

The city of Charleston is divided into twelve wards as bounded and described 

in § 7446 of the Code of Laws of 1942. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. '12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

Editor's note. — The reference should be 
to § 7675-15 of the Code of Laws of 1942. 

§ 47-1544. Number of aldermen. 

Each ward shall be represented in the city council by two aldermen. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. '12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

§ 47-1545. One alderman elected by each ward. 

One alderman for each ward shall be elected by the qualified voters there- 

213 



§ 47-1546 Code of Laws of South Carolina § 47-1551 

of. Each alderman so elected must be, and during his term of office must 

remain, a resident of the ward for which he is elected. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. '12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

§ 47-1546. Twelve aldermen elected at large. 

The other twelve aldermen shall be elected on a general ticket by the 

qualified voters of the city. Each alderman so elected on such general ticket 

shall be, and during his term of office shall remain, a resident of the ward for 

which he is elected. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. 12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

§ 47-1547. Blank. 

§47-1548. Number of ballot boxes. 

For each election the commissioners of election shall provide at least two 
ballot boxes, in one of which shall be deposited the ballots for mayor and 
aldermen on the general ticket and in one of which shall be deposited the votes 
for alderman of the ward. If any question or questions be submitted to the 
people of the city, under an act, joint resolution or ordinance, the commission- 
ers of election shall provide one other box in which the votes on such question 
or questions shall be deposited. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. '12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

§ 47-1549. Blank. 

§47-1550. Vacancy in office of mayor. 

In case of a vacancy in the office of mayor, caused by the death, resigna- 
tion, refusal to serve or disability of the person elected to be mayor, the city 
council shall forthwith proceed to fill such vacancy by electing one of their 
own number to act as mayor for the unexpired term, but such election shall 
not create a vacancy in the office of alderman in the place of the alderman thus 
elected mayor. Nothing herein contained shall prevent the selection of a 
mayor pro tempore in case of the temporary absence or disability of the 
mayor. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. '12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

§ 47-1551. Vacancy in office of alderman. 

In case of any vacancy in the office of alderman, by reason of the death, 
resignation, refusal to serve, removal from the ward or disability of the per- 
son elected as alderman therein, the mayor, within ten days after such va- 
cancy has occurred, shall order an election to fill it. And in case the mayor 
shall not, for any reason, order such election, the city council shall do so at 
its first meeting next after the expiration of such ten days. The time of notice 
of such election and the mode of conducting it shall in every respect conform 

214 



§47-1556 Municipal Corporations §47-1562 

to those prescribed for the general election of mayor and aldermen of the city. 
But if such vacancy shall occur in the office of an alderman who has been 
elected on a general ticket as provided in § 47-1546 and known as an alder- 
man at large, then the ward alderman shall serve for and during such un- 
expired term as alderman at large and the vacancy shall be filled by the elec- 
tion of a ward alderman as provided in § 47-1545. 

1942 Code § 7675-15; 1932 Code § 7531; Civ. C. '22 § 4645; Civ. C. '12 § 2960; Civ. C. '02 
§ 1994; 1901 (23) 810. 

Article 5.1. 
Chesterfield. 

§ 47-1556. Wards in Chesterfield. 

The town of Chesterfield is divided into four wards as bounded and described 

in § 7446 of the Code of Laws of 1942. 

1942 Code § 7446; 1932 Code § 7446; Civ. C. '22 § 4558; Civ. C. '12 § 2918; Civ. C. '02 
§ 1959; 1896 (22) 67; 1913 (28) 48; 1915 (29) 105; 1929 (36) 77; 1931 (,37) 303, 383; 1939 
(41) 149; 1941 (42) 247. 

Article 6. 

Columbia. 

§ 47-1561. Adoption of certain State legislation to collect taxes. 

The city council of Columbia may, for the enforcement and collection of 
taxes and assessments for municipal purposes on real and personal property 
within the city, adopt such State legislation as it may deem expedient and 
as may be applicable, with reference to the enforcement and collection of 
State and county taxes and sales of real and personal property for payment 
thereof, including the levy and sale of real and personal property for delin- 
quent taxes and assessments and proceedings subsequent to sale, as pro- 
vided in the act entitled "An x\ct in Relation to Forfeited Lands, Delinquent 
Lands and Collection of Taxes," approved December 24 1878, and all amend- 
ments thereto. But such municipal legislation shall provide for the priority 
of State and county taxes over municipal taxes. 

1942 Code § 7675-19; 1932 Code § 7267; Civ. C. '22 § 4422; 1914 (28) 759. 

§47-1561.1. Wards. 

The city of Columbia shall be divided into eighteen wards as bounded and 
described in Act No. 914 of the Acts and Joint Resolutions of 1950 (Acts 1950, 
p. 2243). 

1950 (46) 2243. 

§ 47-1562. Adding omitted areas to wards. 

If at any time it is determined by the city council of the city that any area 
of the city is not embraced or included in any one of the wards of the city, 
the city council may declare such area to be a part of any one of the wards 
to which such area is contiguous and upon such declaration the area shall 
become a part of such ward. 

1947 (45) 567. 

215 



§47-1571 Code of Laws of South Carolina §47-1593 

Article 7. 

Cozvpens. 

§ 47-1571. Fiscal year and time of levying taxes. 

The fiscal year for the town of Cozvpens shall begin January first and end 
December thirty-first of each year and the time for levying and collecting 
town taxes shall be the same as that provided by law for the assessment and 
collection of State and county taxes. 

1942 Code § 7675-23; 1932 (37) 1349. 

Article 8. 
Georgetown. 

§ 47-1581. Salaries of mayor and aldermen. 

The city council of the city of Georgetown may fix the compensation of 
the mayor and aldermen of the city, not, however, in excess of one thousand 
dollars per annum in the case of the mayor or three hundred and sixty dol- 
lars per annum in the case of each alderman. 

1947 (45) 538. 

Article 9. 
Greenznlle. 

§ 47-1591. Aldermanic form of government. 

The present aldermanic form of government of the city of Greenznlle con- 
sisting of a mayor and members of a council is to be preserved. The mayor 
and members of the council are to be elected for terms of two years and the 
number of members of the council is to be set by the council. The salaries 
of the mayor and members of the council shall be fixed by the council in the 
manner provided by law. 

1951 (47) 70. 

§ 47-1592. City manager; appointment and term. 

The city council of Greenville may select and appoint a city manager whose 
salary shall be fixed by the council and whose term of office shall be in- 
definite. The mayor and members of the city council shall be ineligible for 
the office of city manager for a period of two years after the expiration of 
their term of office. 

1951 (47) 70. 

§ 47-1593. Qualifications of city manager. 

The selection and appointment of the city manager shall be made on the 
basis of ability, experience, training and character, with special reference 
to his actual experience in, or his knowledge of, acknowledged practice in 
respect to the duties of his office, as herein outlined. At the time of his ap- 
pointment he need not be a resident of the city or State, but during his tenure 

216 



§ 47-1594 Municipal Corporations § 47-1596 

of office he shall reside within the city, shall devote his entire time to the duties 
of the office and shall not engage in any other business or profession. 
1951 (47) 70. 

§ 47-1594. Bonds of city manager and employees. 

The city manager shall give bond for the faithful administration of his 
office in such amount as council may determine, but in no event in a sum less 
than fifty thousand dollars, the premium for which is to be paid by the city. 
The city manager may require subordinate employees to give bond for the 
faithful performance of their duties in an amount to be determined by him, 
but subject to the approval of the council, the premium on such bonds as may 
be required to be paid by the city. 

1951 (47) 70. 

§ 47-1595. Respective duties of council and city manager. 

The city council shall fix the policies of the city government. The city 
manager shall execute and administer such policies. Sole administrative au- 
thority shall be vested in the city manager, he, in turn, being accountable to 
the city council. 

1951 (47) 70.. 

§ 47-1596. General duties and powers of city manager; notice of council meet- 
ings. 

The affairs of each department of the city, including the collection and dis- 
bursement of revenue, are to be administered under the supervision and con- 
trol of the city manager and he shall be responsible therefor. He shall (a) 
supervise the administration of the affairs of the city, (b) see that the ordi- 
nances of the city and the laws of the State are enforced therein, (c) make 
such recommendations to the council concerning the affairs of the city as 
may seem to him desirable, (d) keep the council currently advised of the 
financial condition and future needs of the city, (e) pass and submit, as herein 
provided for, to the council an annual budget estimate, (f) pass and submit to 
the council regular reports of the affairs and finances of the city in such form 
and at such intervals as may be required by the council, (g) attend the meet- 
ings of the council with the right to take part in the discussion but having no 
vote, (h) act in an advisory capacity to the city council in the formulation of 
policies of the city government, (i) see that all terms and conditions imposed 
in favor of the city or its inhabitants in any public utility franchise are faith- 
fully kept and performed and, upon obtaining knowledge of any violation 
thereof, call it to the attention of the city attorney and (j) perform such other 
duties and exercise such other authority as city council may fix by resolution 
or ordinance. 

All formal contracts on behalf of the city shall be executed by the city 
manager, and attested by the city clerk after an approved resolution of city 
council. 

217 



§47-1597 Code of Laws of South Carolina §47-1599.1 

The city manager shall be entitled to notice of all special meetings of the 
city council. 
1951 (47) 70. 

§ 47-1597. City manager to appoint employees. 

The city manager may appoint, prescribe the duties of, supervise and re- 
move all administrative employees, except the city recorder and city attorney. 
Neither the council nor any of its committees or members shall direct or re- 
quest the appointment of any person to, or his removal from, office by the city 
manager or in any manner take part in the appointment or removal of officers 
and employees in the administrative service of the city. Except for the 
purpose of inquiry, the council and its members shall deal with the adminis- 
trative service solely through the city manager and neither the council nor 
any member thereof shall give orders to any subordinate of the city manager, 
either privately or publicly. 

1951 (47) 70. 

§ 47-1598. Pay of administrative employees. 

The salary or compensation of heads of departments and other administra- 
tive employees shall be fixed by ordinance or resolution of the city council 
upon the recommendation of the city manager, such ordinance or resolution 
to provide uniform compensation for like services, except that an increase in 
compensation of any department head or employee may be granted upon 
the basis of seniority and efficiency. 

1951 (47) 70. 

§47-1599. Annual budget. 

At least forty days prior to the beginning of the fiscal year the city manager 
shall prepare a budget estimate which he shall transmit to council and which 
shall set forth all proposed expenditures for the administration, operation 
and maintenance of all departments and agencies of the city for which appro- 
priations are required to be made or taxes levied by the city government, all 
expenditures for capital projects to be undertaken or executed during the 
fiscal year, all interest and debt redemption charges during the fiscal year and 
the actual or estimated operating deficits from prior fiscal years. In addition 
thereto, the budget estimate shall set forth the anticipated income and other 
means of financing the total proposed expenditures of the city government 
for the fiscal year. As soon thereafter as possible, council shall adopt a budget 
and pass the tax levy ordinance and such other ordinance as may be required 
to make the budget effective. 

1951 (47) 70. 

§ 47-1599.1. Acting city manager when manager disabled, etc. 

In case of the absence or disability of the city manager, council may desig- 
nate a qualified administrative officer of the city to perform the duties of the 
city manager during such absence or disability. 

1951 (47) 70. 

218 



§47-1599.2 Municipal Corpokations §47-1599.4 

§ 47-1599.2. Removal of city manager. 

The city council may remove the city manager at any time, but at least 
thirty days before such removal becomes effective the manager shall be fur- 
nished with a formal statement in the form of a resolution passed by a major- 
ity vote of the members of council, stating council's intention of removing him 
and the reasons therefor. Upon receiving such a formal statement from the 
council, the city manager may, within fifteen days after receipt of such notice, 
make a request in writing of the council for a public hearing upon the ques- 
tion of his removal and upon receiving such a request for a public hearing 
the city council shall fix a time for such public hearing and shall give to the 
city manager a notice of fifteen days prior to the date of such hearing. If a 
request is made in writing by the city manager for a public hearing as herein 
provided the final resolution removing the city manager shall not be adopted 
until such public hearing shall be had. The action of council in removing the 
city manager shall be final. 

1951 (47) 70. 

§ 47-1599.3. Powers not to be exercised by city manager. 

Nothing in this article shall be construed to affect in any manner the present 
method of administering the affairs of the water department of the city of 
Greenville by a commission of public works, nor to affect in any manner or 
to encroach upon or conflict with the duties and powers of the civil service 
commission with regard to the police department and the fire department 
of the city. Nothing in this article shall be construed to affect in any manner 
or to encroach upon or conflict with the duties and powers of the board of 
health of the city. The city manager shall have no authority in connection 
with (a) the administration of the affairs of the water department of the city 
(b) that encroaches upon or conflicts with the duties and powers of the civil 
service commission with regard to the police and fire departments or (c) that 
encroaches upon or conflicts with the duties and powers of the board of 
health with regard to the health department. The city council shall not pre- 
scribe any duties for the city manager which shall in any way conflict with or 
encroach upon the duties or powers of the commissioners of public works, 
the civil service commission, the board of health or the city recorder. The 
city manager shall have no power to appoint the members of the various 
boards and commissions of the city and the members of such boards and 
commissions shall continue to be appointed by the city council or the mayor as 
provided by law. 

1951 (47) 70. 

§ 47-1599.4. Duty of city attorney as to franchise violations. 

Whenever the city manager shall, under the provisions of § 47-1596, call 
the attention of the city attorney to any violation of any public utility fran- 
chise the city attorney shall forthwith take such steps as are necessary to 
protect and enforce such franchise. 

1951 (47) 70. 

219 



§47-1599.5 Code of Laws of South Carolina §47-1604 

§ 47-1599.5. Use of surface treatment on streets and roadways. 

The city of Greenville, in connection with the improvement of its streets 
and roadways, may used crushed stone or slag laid on a prepared clay or top- 
soil base, bound securely by some bituminous material in such a manner 
as to form a durable hard surface, by methods commonly termed "surface 
treatment," and such improvement shall be considered and construed to be 
a type of permanent improvement permitted or authorized under section 
14, Article 10 of the Constitution for use on the streets and roadways within 
the present or enlarged corporate limits of the city, the cost of which the city 
may assess against the abutting property. The rights and powers conferred 
by this section are supplemental to existing rights and powers conferred 
upon the city in connection with the improvement of streets and roadways. 

1942 Code § 7675-34; 1939 (41) 64. 

Article 10. 

Greenivood. 

§ 47-1602. City manager. 

The city council shall select and appoint a city manager whose salary shall 
be fixed by council and whose term of office shall be indefinite. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1603. Qualifications of city manager. 

The selection and appointment of the city manager shall be made on the 
basis of ability, experience, training and character, with special reference to 
his actual experience in, or his knowledge of, acknowledged practice in 
respect to the duties of his office, as herein outlined. At the time of his ap- 
pointment he need not be a resident of the city or state, but during his tenure 
of office he shall reside within the city, shall devote his entire time to the 
duties of the office and shall not engage in any other business or profession. 
The mayor and members of the city council shall be ineligible for the office 
of city manager for a period of two years after the expiration of their term 
of office. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1604. Bond of city manager or other employees. 

The city manager shall give bond for the faithful administration of his 
office in such amount as the city council may determine, but in no event 
in a sum less than ten thousand dollars, the premium for which shall be 
paid by the city. The city manager may require subordinate employees to 
give a similar bond in an amount to be determined by him, but subject to the 
approval of the council, and the premium on such bonds shall be paid by the 
city. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 



220 






§ 47-1605 Municipal Corporations § 47-1609 

§47-1605. Acting city manager. 

In case of the absence or disability of the city manager, the city council 
may designate a qualified administrative officer of the city to perform the 
duties of the city manager during such absence or disability. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1606. Removal of city manager. 

The city council may remove the city manager at any time. At least thirty 
days before such removal becomes effective the manager shall be furnished 
with a formal statement in the form of a resolution passed by a majority vote 
of the members of council, stating the council's intention of removing him 
and the reasons therefor. If requested in writing by the city manager so to 
do, the council shall fix a time for a public hearing upon the question of 
his removal, giving notice of the time and place of such hearing by publish- 
ing such notice in some daily local newspaper of general circulation and the 
final resolution removing the city manager shall not be adopted until such pub- 
lic hearing shall be had. The action of council in removing the city manager 
shall be final. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1607. Functions of council and manager. 

The city council shall fix the policies of the city government. The city 
manager shall execute and administer these policies. The sole administrative 
authority shall be vested in the city manager, he, in turn, being accountable 
to the city council. The affairs of each department of the city, including the 
collection and disbursement of revenue, are to be administered under the 
supervision and control of the city manager and he is to be responsible there- 
for. Except for the purpose of inquiry, the council and its members shall 
deal with the administrative service solely through the city manager and 
neither the council nor any member thereof shall give orders to any sub- 
ordinate of the city manager, either publicly or privately. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1608. Appointment, supervision and removal of employees. 

The city manager may appoint, prescribe the duties of, supervise and re- 
move all administrative employees, except the city recorder and city attorney. 
Neither the council nor any of its committees or members shall direct or re- 
quest the appointment of any person to, or his removal from, office by the city 
manager or in any manner take part in the appointment or removal of officers 
and employees in the administrative service of the city. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1609. Other duties and powers of city manager. 
The city manager shall : 

(1) Act as chief conservator of the peace within the city; 

(2) Supervise the administration of the affairs of the city ; 

221 

BUREAU OF PUBLIC ADMIN13TRAHUW 
~ UNIVERSITY OF SOUTH CAROLINA 
COLUMBIA 



§47-1610 Code of Laws of South Carolina §47-1611 

(3) See that the ordinances of the city and the laws of the State are en- 
forced therein ; 

(4) Make such recommendations to the council concerning the affairs 
of the city as may seem to him desirable ; 

(5) Keep the council currently advised of the financial condition and 
future needs of the city ; 

(6) Prepare and submit, as herein provided, to the council an annual 
budget estimate ; 

(7) Prepare and submit to the council regular quarterly reports of the 
affairs and finances of the city, these reports to be in such form as to be readily 
understood by the public, and cause them to be published in some local news- 
paper of general circulation ; 

(8) Act in an advisory capacity to the city council in the formulation of 
policies of the city government ; and 

(9) Perform such other duties and exercise such other authority as city 
council may fix by resolution or ordinance. 

All formal contracts on behalf of the city shall be executed by the city 
manager and attested by the city clerk, after an approving resolution of 
the city council. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1610. Compensation of the city employees. 

The salary or compensation of heads of departments and other admin- 
istrative employees shall be fixed by ordinance or resolution of council upon 
the recommendation of the city manager, such ordinance or resolution to 
provide uniform compensation for like services, except that an increase in 
the compensation of any department head or employee may be granted upon 
the basis of seniority and efficiency. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§47-1611. Budgets. 

At least forty days prior to the beginning of the fiscal year, the city man- 
ager shall prepare a budget estimate which he shall transmit to council and 
which shall set forth (a) all proposed expenditures for the administration, op- 
eration and maintenance of all departments and agencies of the city for which 
appropriations are required to be made or taxes levied by the city government, 
(b) all expenditures for capital projects to be undertaken or executed during 
the fiscal year, (c) all interest and debt redemption charges during the fiscal 
year and (d) the actual or estimated operating deficits from prior fiscal years. 
In addition thereto, the budget estimate shall set forth the anticipated in- 
come and other means of financing the total proposed expenditures of the 
city government for the fiscal year. As soon thereafter as possible the city 
council shall adopt a budget and pass the tax levy ordinance and such other 
ordinance as may be required to make the budget effective. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 



222 



§47-1612 Municipal Corporations §47-1641 

§ 47-1612. Water and light department ; city recorder. 

Nothing in this article shall be construed to affect in any manner the present 
method of administering the affairs of the water and light department 
of the city of Greemvood by a commission of public works and the city man- 
ager shall have no authority in connection therewith, nor shall the city 
council prescribe any duties for him which shall in any way conflict with or 
encroach upon the duties or powers of the commissioners of public works 
or the duties of the city recorder. 

1942 Code § 7675-36; 1939 (41) 54; 1941 (42) 21. 

§ 47-1613. Reconstruction, etc., of certain grade separation structures. 

The city of Greemvood may reconstruct, repair and maintain all grade 
separation structures existing within the limits of said city on May 11 1935 
where streets cross railroads by means of such structures, provided that 
clearances then existing shall not be decreased. The provisions of this 
section shall not serve to relieve any railroad company from any responsi- 
bility placed upon it, by law or contract, to reconstruct, repair and maintain 
existing grade separation structures, except as the city of Greemvood, acting 
directly or in conjunction with other agencies, may voluntarily afford such 
relief. 

1942 Code § 7675-35; 1935 (39) 912. 

Article 11. 
Lancaster. 

§47-1621. Division into wards. 

The city of Lancaster is divided into six wards as bounded and described in 
Act No. 188 of the Acts and Joint Resolutions of 1947 (Acts 1947, p. 286). 

1947 (45) 535; 1949 (46) 286. 

Article 12. 
Blank. 

Article 13. 

Pageland. 
§47-1641. Wards. 

The town of Pageland is divided into four wards as bounded and described 
in § 7675-46 of the Code of Laws of 1942. 

1942 Code § 7675-46; 1939 (41) 199. 

Article 14. 
Blank. 

Article 15. 

Blank. 
223 



§ 47-1671 Code of Laws of South Carolina § 47-1693 

Article 16. 
Ridge Spring. 

§ 47-1671. Date of election of mayor and wardens. 

An election shall be held for mayor and wardens in Ridge Spring on the 
last Tuesday in August in each odd-numbered year and every two years 
thereafter. 

1942 Code § 7675-47; 1941 (42) 21. 

Article 17. 
Saluda. 

§ 47-1681. Election of mayor and wardens ; term. 

An election shall be held in Saluda for mayor and wardens on the second 
Tuesday in September in each odd-numbered year and the mayor and wardens 
elected at that time shall hold office for two years and until their succes- 
sors shall be elected for a like term. Such town officials shall take office 
on the first day of October immediately following their election. 

1942 Code § 7675-49; 1940 (41) 1750. 

§ 47-1682. Audit of books. 

During the period intervening between such election and assumption 
of office, the town books shall be audited by a competent auditor and the 
audit shall be filed in the office of the town clerk and shall be open to in- 
spection to the public. 

1942 Code § 7675-49; 1940 (41) 1750. 

Article 18. 

Spartanburg. 

§ 47-1691. Time mayor and council take office. 

In the city of Spartanburg the mayor and members of the council, when 
duly elected to any term of office, shall take office in not less than fifteen 
days after they are duly elected and all terms of office shall expire so that 
the newly elected officers may take office as herein provided. 

1942 Code § 7675-50; 1935 (39) 234. 

§ 47-1692. Extra policemen for special occasions. 

The mayor of Spartanburg may appoint extra policemen on special occa- 
sions for a term of not exceeding seven days. 

1942 Code § 7620; 1932 Code § 7620; Civ. C. '22 § 4713; 1916 (29) 831. 

§ 47-1693. Police officers and jailers to furnish bonds. 

All police officers and jailers in the city of Spartanburg shall, before entering 
upon the discharge of their duties, file with the clerk of the city a bond in 
the sum of one thousand dollars, subscribed by some duly licensed surety 
company, conditioned for the faithful performance of their duties, for the 

224 






§47-1694 Municipal Corporations §47-1711 

full, prompt and proper accounting of all funds coining into their hands and 
to pay any judgment recovered against them in any court of competent jurisdic- 
tion upon a cause of action arising out of breach or abuse of official duty or 
power and damages sustained by any member of the public from any unlawful 
act of such officer. The city of Spartanburg shall pay the premiums on such 
bonds. 

If the city council shall determine that a surety bond is not available to any 
such officer or jailor the required bond may be written without a surety com- 
pany as surety but with individuals or some company other than a licensed 
surety company as sureties. The sufficiency of any such surety shall be ap- 
proved in writing by the city manager and the city clerk. 

1944 (43) 1243; 1948 (45) 1851. 

§ 47-1694. Use of revenue from alcoholic liquors. 

All the revenue accruing to the city of Spartanburg from taxes and li- 
censes derived from the sale and licensing of sale of alcoholic liquors shall 
be applied to ordinary city expenses and the proper officers are directed to 
lower the millage tax on the property in said city in the amount that such 
income makes possible. 

1942 Code § 7675-52; 1935 (39) 354. 

Article 19. 
Union. 

§ 47-1701. Union not to transfer its real property. 

The city of Union shall not convey or by any other manner transfer any 
real property now or hereafter belonging to said city. 

1942 Code § 7675-54; 1937 (40) 188, 413. 

Article 20. 
West Columbia. 

§47-1711. Wards in West Columbia. 

The town of West Columbia is divided into three wards as bounded and de- 
scribed in Act No. 285 of the Acts and Joint Resolutions of 1951 (Acts 1951, p. 
396). 

1951 (47) 396. 



[5 SC Code]— 15 225 



Title 48. 
Names. 

Chap. I. Names of Business Establishments, §§ 48-1 to 48-4. 
2. Change of Name, §§ 48-51 to 48-55. 



CHAPTER 1. 

Names of Business Establishments. 

Sec. Sec. 

48-1. Names of owners of businesses to be 48-3. Record of statements; clerk's fee. 
filed and exhibited. 48-4. Violation a misdemeanor 

48-2. Retiring owner or partner liable for 
debts unless sign changed and no- 
tice filed. 

§ 48-1. Names of owners of businesses to be filed and exhibited. 

All mercantile and industrial establishments, other than lawfully chartered 

corporations and individuals conducting their businesses under and in their 

own individual names having a place of business in tbis State, shall file with 

the clerk of the court of the county in which the principal place of business 

of each such mercantile or industrial establishment is located the name or 

names of the owner or owners or proprietor or proprietors thereof and. in case 

of partnerships, the name of each partner and they shall exhibit on a sign or 

alongside tbe entrance of each place of business of such mercantile or industrial 

establishment the name or names of the owner or owners or proprietor or 

proprietors thereof, including the name of each partner of a partnership, such 

name or names to be printed in Roman letters of such size as to be read -easily. 

1942 Code § 7825; 1932 Code § 7825; Civ. C. '22 § 3876; Civ. C. '12 § 2563; Civ. C. '02 
§ 1705; G. S. 1326; R. S. 1432; 1837 (6) 580: 1918 (30) 879; 1919 (31) 259. 

The mere filing of the certificate required For a construction of this section prior 

by this section has no relation to the regis- to amendment, see Kaufman v. Carter, 67 
try laws. Franklin Sav. & Loan Co. v. S. C. 312, 45 S. E. 211 (1903). 
Riddle, 216 S. C. 367, 57 S. E. (2d) 910 

(1950). 

§ 48-2. Retiring owner or partner liable for debts unless sign changed and 
notice filed. 
If there be any change in the owner or owners or proprietor or proprietors 
of any such mercantile or industrial establishment, any person retiring from 
such ownership or proprietorship shall file in the office of the clerk of court 
of the county in which the principal place of business of such mercantile or 
industrial establishment is located a notice of such change and shall have the 

227 



§48-3 Code of Laws of South Carolina §48-51 

sign or signs herein provided for changed. Until both such notice shall be filed 
and such change made on such signs, such person shall be liable for all debts 
and contracts of such mercantile or industrial establishment according to the 
interest he formerly had therein. 

1942 Code § 7826; 1932 Code § 7826; Civ. C. '22 § 3877; 1918 (30) 879. 

Failure to file notice on dissolution. — Un- partner in conduct of the business after 
der this section a partner who failed to dissolution. Goodrich Rubber Co. v. Ear- 
file notice on dissolution of partnership ron, 130 S. C. 339, 125 S. E. 639 (1924). 
was liable for debts contracted by co- 

§ 48-3. Record of statements ; clerk's fee. 

The clerk of court shall keep all such statements of ownership on file, shall 
record them in a book to be provided for that purpose and shall keep such 
book indexed. He shall receive as a fee for filing any such statement or notice 
of change the sum of twenty-five cents. 

1942 Code § 7827; 1932 Code § 7827; Civ. C. '22 § 3878; 1918 (30) 879; 1919 (31) 259. 

§ 48-4. Violation a misdemeanor. 

Any person violating any of the provisions of this chapter shall be guilty 

of a misdemeanor and shall be fined not to exceed one dollar or be imprisoned 

for five days for each day such mercantile establishment shall do business. 

Each partner of a partnership shall be severally liable. 

1942 Code § 7828; 1932 Code § 7828; Civ. C. '22 § 3879; Civ. C. '12 § 2564; Civ. C. '02 
§ 1706; G. S. 1327; R. S. 1434; 1837 (6) 581; 1918 (30) 879; 1925 (34) 225. 

Cited in Franklin Sav. & Loan Co. v. 
Riddle, 216 S. C. 367, 57 S. E. (2d) 910 
(1950). 



CHAPTER 2. 

Change of Name. 

Sec. Sec. 

48-51. Application for change of name. 48-54. To sue, etc., by new name; effect on 
48-52. Court to exercise discretion. pending suits. 

48-53. Duties of clerk; fee. 48-55. Effect on old obligations. 

§ 48-51. Application for change of name. 

Any person who may be desirous of changing his name may exhibit his 

petition, in writing, to any of the judges of the circuit court of this State, in 

open court, setting forth in such petition the reason why he is desirous of 

changing his name, together with his age, place of residence and nativity and 

the name by which he wishes thereafter to be called and known. 

1942 Code § 8674; 1932 Code § 8674; Civ. C. '22 § 5573; Civ. C. '12 § 3793; Civ. C. '02 
§ 2699; G. S. 2067; R. S. 2199; 1814 (5) 718. 

As to effect of change of name, see 
Brayton v. Beall, 73 S. C. 308, 53 S. E. 
641 (1906). 

228 



§ 48-52 Names § 48-55 

§ 48-52. Court to exercise discretion. 

Upon such petition and the reason therein contained, the judge shall deter- 
mine and grant or refuse the prayer thereof, as to him shall appear proper, 
having a due regard to the true interest of the petitioner. 

1942 Code § 8675; 1932 Code § 8675; Civ. C. '22 § 5574; Civ. C. '12 § 3794; Civ. C. '02 
§ 2700; G. S. 206S; R. S. 2200; 1814 (5) 718. 

§ 48-53. Duties of clerk; fee. 

Whenever the prayer of such petition shall be granted, the clerk of such 

court shall enter such fact on the minutes of the court and file the original 

petition, with the fiat of the judge, among the papers of his office. And he 

shall deliver to the petitioner a true copy of the petition, together with a copy 

of the judge's order thereon, properly certified and under the seal of the court. 

For such services the clerk shall be entitled to and receive from the petitioner 

the sum of five dollars and no more. 

1942 Code § 8676; 1932 Code § 8676; Civ. C. '22 § 5575; Civ. C. '12 § 3795; Civ. C. '02 
§ 2701 ; G. S. 2069; R. S. 2201 ; 1814 (5) 718. 

§ 48-54. To sue, etc., by new name ; effect on pending suits. 

The person so changing his name may thereafter sue and be sued, plead and 

be impleaded by his new name and no other. When an action shall be pending 

at the time of such change of name it shall not abate by the party's name 

being changed, but the record on motion shall be amended by expunging the 

old name and inserting the new name of the party. 

1942 Code § 8677; 1932 Code § 8677: Civ. C. '22 § 5576; Civ. C. '12 § 3796; Civ. C. '02 
§ 2702; G. S. 2070; R. S. 2202; 1814 (5) 719. 

§ 48-55. Effect on old obligations. 

When a person changing his name is bound by obligation or otherwise, the 
effect of which obligation would extend to and impose any obligation on the 
heirs, executors or administrators of the person so having changed his name, 
such heirs, executors or administrators shall be and remain bound, to all in- 
tents and purposes, in the same manner and to the same extent as if the person 
had not changed his name. 

1942 Code § 8678; 1932 Code § 8678; Civ. C. '22 § 5577; Civ. C. '12 § 3797; Civ. C. '02 
§ 2703; G. S. 2071; R. S. 2203; 1814 (5) 719. 



229 



Title 49. 

Notaries Public and Commissioners of Deeds. 

Chap. 1. Notaries Public, §§49-1 to 49-12. 

2. Commissioners of Deeds, §§ 49-51 to 49-55. 



CHAPTER 1. 

Notaries Public* 

Sec. Sec. 

49-1. Appointment and term. 49-9. No jurisdiction in criminal cases. 

49-2. Endorsement of application. 49-10. Effect of employment as attorney. 

49-3. Fees. 49-11. Not disqualified when stockholder, 

49-4. Oath. director, officer or employee of cor- 

49-5. Enrollment of commission. poration. 

49-6. Seal of office. 49-12. Force of jurat of notaries public in 

49-7. Jurisdiction. other states. 

49-8. Powers generally. 

§ 49-1. Appointment and term. 

The Governor may appoint as many notaries public throughout the State 

as the public good shall require, to hold their offices during the pleasure of the 

Governor. 

1942 Code § 3459; 1932 Code § 3459: Civ. C. '22 § 817; Civ. C. *12 § 732; Civ. C. '02 
§ 662; G. S. 520; R. S. 578; 1871 (15) 538; 1911 (27) 139. 

§ 49-2. Endorsement of application. 

No notary public shall be appointed except upon the endorsement of one 
of the county legislative delegation from the county in which the applicant 
resides. 

1942 Code § 3465; 1932 Code § 3465; Civ. C. '22 § 823; Civ. C. '12 § 738; 1911 (27) 139. 

§49-3. Fees. 

The fee for the commission shall be two dollars, collected by the Secretary of 
State as other fees. 

1942 Code § 3466; 1932 Code § 3466; Civ. C. '22 § 824; Civ. C. *12 § 739; 1911 (27) 139. 

§49-4. Oath. 

Every notary public shall take the oath of office prescribed by the Constitu- 
tion and the oath with respect to duelling, certified copies of which shall be 
recorded in the office of the Secretary of State. 

1942 Code § 3460; 1932 Code § 3460: Civ. C. '22 § 818; Civ. C. '12 § 733; Civ. C. '02 
§ 663; G. S. 521; R. S. 579; 1871 (15) 538, § 2; 1911 (27) 139. 

* As to fees of notaries public, see § 27-506. 

231 



§49-5 Code of Laws of South Carolina §49-10 

§ 49-5. Enrollment of commission. 

Every notary public shall, within fifteen days after he has been commis- 
sioned, exhibit his commission to the clerk of the court of the county in which 
he resides and be enrolled by the clerk. 

1942 Code § 3461; 1932 Code § 3461; Civ. C. '22 § 819; Civ. C. '12 § 734; 1911 (27) 139. 

§ 49-6. Seal of office. 

Each notary public shall have a seal of office, which shall be affixed to his 

instruments of publication and to his protestations. But the absence of 

such seal shall not render his acts invalid if his official title be affixed thereto. 

1942 Code § 3462; 1932 Code § 3462; Civ. C. '22 § 820; Civ. C. '12 § 735; Civ. C. '02 
§ 664; G. S. 522; R. S. 580; 1871 (15) 538; 1911 (27) 139. 

Applied in Carroll v. Cash Mills, 125 S. 
C. 332, 118 S. E. 290 (1923). 

§ 49-7. Jurisdiction. 

The jurisdiction of notaries public shall extend throughout the State. 

1942 Code § 3459; 1932 Code § 3459; Civ. C. '22 § 817; Civ. C. '12 § 732; Civ. C. '02 
§ 662; G. S. 520; R. S. 578; 1871 (14) 538; 1911 (27) 139. 

§ 49-8. Powers generally. 

A notary public may administer oaths, take depositions, affidavits, protests 

for nonpayment of bonds, notes, drafts and bills of exchange, acknowledgments 

and proof of deeds and other instruments required by law to be acknowledged 

and renunciations of dower and perform all other acts provided by law to be 

performed by notaries public. 

1942 Code § 3463; 1932 Code § 3463; Civ. C. '22 § 821; Civ. C. '12 § 736; Civ. C. '02 
§ 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559. 

Cross reference. — As to officers in armed (18 S. C. L.) 183; Bank of South Caro- 

forces and in merchant marine who may lina v. Green, 2 Bail. (18 S. C. L.) 230; 

make or take verifications and affidavits Bank of Cape Fear v. Stinemetz, 1 Hill 

for certain period, see §44-475. (19 S. C. L.) 44; Bank of South Carolina 

For related cases, see Williamson v. Tur- v. Flagg, 1 Hill (19 S. C. L.) 177; Thomp- 

ner, 2 Bay (2 S. C. L.) 410; Williamson v. son v. Bank of South Carolina, 3 Hill (21 

Patterson, 2 McC. (13 S. C. L.) 132; Dob- S. C. L.) 77; Aiken v. Cathcart, 2 Spears 

son v. Laval, 4 McC. (15 S. C. L.) 57; Halls, (29 S. C. L.) 642. 

Kirkpatrick & Co. v. Howell, Harp. (16 Cited in Greene v. Tally, 39 S. C. 338, 17 

S. C. L.) 426; Johnson v. Harth, 2 Bail. S. E. 779 (1893). 

§ 49-9. No jurisdiction in criminal cases. 

A notary public shall exercise no power or jurisdiction in criminal cases. 

1942 Code § 3464; 1932 Code § 3464; Civ. C. '22 § 822; Civ. C. '12 § 737; Civ. C. '02 
§ 666; G. S. 524; R. S. 582, 829; (6) 387. 

§ 49-10. Effect of employment as attorney. 

Any attorney at law who is a notary public may exercise all his powers as a 
notary notwithstanding the fact that he may be interested as counsel or at- 
torney at law in any matter with respect to which he may so exercise any 
such power and may probate in any court in this State in which he may be 
counsel. 

232 



§49-11 Notaries Public and Commissioners of Deeds §49-51 

1942 Code § 3463; 1932 Code § 3463; Civ. C. *22 § 821; Civ. C. '12 § 736; Civ. C. '02 
§ 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559. 

§49-11. Not disqualified when stockholder, director, officer or employee of 
corporation. 
A notary public who is a stockholder, director, officer or employee of a 
corporation may take renunciation of dower in any written instrument, take 
the acknowledgment or the oath of a subscribing witness of any party to a 
written instrument executed to or by such corporation, administer an oath 
to any stockholder, director, officer, employee or agent of such corporation 
or protest for non-acceptance or non-payment bills of exchange, drafts, checks, 
notes and other negotiable instruments which may be owned or held for col- 
lection by such corporation. But when a notary public is individually a party 
to an instrument it shall be unlawful for him to take the acknowledgment or 
probate to such instrument executed by or to a corporation of which he is a 
stockholder, director, officer or employee or to protest any such negotiable 
instrument owned or held for collection by such corporation. 

1942 Code § 3463; 1932 Code § 3463; Civ. C. '22 § 821; Civ. C. '12 § 736; Civ. C. '02 
§ 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559. 

§ 49-12. Force of jurat of notaries public in other states. 

All verifications of pleadings, affidavits and proofs of claims made before 

notaries public in other states shall have the same force and effect as they 

would have if sworn to before a commissioner of deeds for this State resident 

in another state if such notary public shall use his official seal. 

1942 Code § 3471; 1932 Code § 3471; Civ. C. '22 § 829; Civ. C. '12 § 744; Civ. C. '02 
§ 671; R. S. 587; 1888 (20) 1; 1891 (20) 1041. 

Testimony certified by a foreign notary 
under his official seal is admissible. Greene 
v. Tally, 39 S. C. 338, 17 S. E. 779 (1893). 



CHAPTER 2. 

Commissioners of Deeds. 

Sec. Sec. 

49-51. Appointment. 49-54. Administering oaths or affirmations. 

49-52. Qualification. 49-55. Certain commissions to commission- 

49-53. Acknowledgments and renunciations. ers validated. 

§ 49-51. Appointment. 

The Governor may appoint and commission in the several states and terri- 
tories of the United States, in the District of Columbia and in foreign countries 
as many persons as he may deem expedient as commissioners of deeds, who 
shall hold their office during the pleasure of the Governor. 

1942 Code § 3467; 1932 Code § 3467; Civ. C. '22 § 825; Civ. C. '12 § 740; Civ. C. '02 
§ 667; G. S. 525; R. S. 583; 1834 (6) 504; 1906 (25) 126. 

233 



§ 49-52 Code of Laws of South Carolina § 49-55 

§49-52. Qualification. 

Every commissioner, before he proceeds to perform any duty, shall take and 
subscribe an oath or affirmation, before any officer authorized to administer 
oaths in the city or county in which such commissioner shall reside, well and 
faithfully to execute and perform all the duties of such commissioner under 
and by the laws of this State. Such oath or affirmation and the written ap- 
pointment of such commissioner shall be filed in the office of the Secretary of 
State, who shall give notice of such appointment in one or more of the gazettes 
of this State. 

1942 Code § 3468; 1932 Code § 3468; Civ. C. '22 § 826; Civ. C. '12 § 741; Civ. C '02 
§ 668; G. S. 526: R. S. 584; 1834 (6) 505. 

§ 49-53. Acknowledgments and renunciations. 

A commissioner of deeds may take renunciation of dower and the acknowl- 
edgment of proof of any deed, mortgage or other conveyance of any lands, 
tenements or hereditaments in this State or of any contract, letter of attorney 
or other writing under seal to be used and recorded in this State. Such re- 
nunciation, acknowledgment or proof, when certified to by the hand and seal 
of such commissioner, shall have the same force and effect as if taken before 
the proper officers within this State. 

1942 Code § 3469; 1932 Code § 3469; Civ. C. '22 § 827; Civ. C. '12 § 742; Civ. C. '02 
§ 669; G. S. 527; R. S. 585; 1834 (6) 505. 

§ 49-54. Administering oaths or affirmations. 

Every such commissioner may administer an oath or affirmation to any 
person who shall be willing or desirous to make such oath or affirmation be- 
fore him and such oath or affirmation made before such commissioner shall 
be as good and effectual, to all intents and purposes, as if taken by any magis- 
trate resident in this State and competent to take or administer it. 

1942 Code § 3470; 1932 Code § 3470; Civ. C. '22 § 828; Civ. C. '12 § 743; Civ. C. '02 
§ 670; G. S. 528; R. S. 586; 1834 (6) 505. 

§ 49-55. Certain commissions to commissioners validated. 

All commissions to commissioners of deeds for the State, wherever located, 
issued prior to January 1 1896, are hereby declared to be and remain in full 
force and effect, notwithstanding the proclamation of the Governor revoking 
them on March 20 1901 and such commissioners, and the acts of all such com- 
missioners, heretofore or hereafter done while acting under such commissions, 
shall be of the same force and effect as if such commissions had never been 
revoked. 

1942 Code § 3472; 1932 Code § 3472; Civ. C. '22 § 830; Civ. C. '12 § 745; 1907 (25) 773. 



234 



Title 50. 
Officers and Employees.* 

Chap. 1. General Provisions, §§ 50-1 to 50-10. 

2. Oaths and Bonds, §§ 50-51 to 50-79. 

3. Nepotism, etc., §§ 50-101 to 50-104. 

4. Absence in Military Service, §§ 50-151 to 50-157. 

5. Delivery of Books, Records and Moneys to Successor, §§ 50-201 to 

50-205. 



CHAPTER 1. 
General Provisions. 



Sec. 

50-1. Public officers defined. 

50-2. Collecting and retaining rebates; for- 
feiture of office. 

50-3. Giving false certificates to witnesses 
or jurors of mileage traveled. 

50-4. Clerk, sheriff or magistrate failing to 
pay over fines, etc. 

50-5. Allowing records to be taken from 
office. 



Sec. 

50-6. Neglect of duty by certain officers. 

50-7. Officers reported by circuit solicitor to 
be indicted. 

50-8. Certain officers guilty of misconduct 
to be indicted. 

50-9. Removal of officer convicted of cer- 
tain offenses. 

50-10. Extension of coverage of Federal 
Social Security Act. 






§ 50-1. Public officers defined. 

The term "public officers" shall be construed to mean all officers of the State 

that have heretofore been commissioned and trustees of the various colleges 

of the State, members of various State boards and other persons whose duties 

are defined by law. 

1942 Code §§ 1512. 3042; 1932 Code §§ 1512, 3042; Civ. C. *22 § 733; Cr. C. '22 § 460; Civ. 
C. '12 § 649; Cr. C. '12 § 535; 1901 (23) 754. 



Scope of section. — The intention of this 
section probably was to include in its defi- 
nition all persons whose public duties are 
defined by law. Sanders v. Belue, 78 S. 
C. 171. 58 S. E. 762 (1907). 

Guardians and administrators are ex- 
cluded. — The literal meaning of the words 
"other persons whose duties are defined 
by law", could hardly have been intended. 
The duties of guardians, administrators, and 



other trustees are defined by law, and yet it 
could scarcely have been the intention to 
include such persons in the definition of 
public officers. Sanders v. Belue, 78 S. C. 
171, 58 S. E. 762 (1907). 

But not superintendent of poorhouse. — 
The definition of this section would include 
the superintendent of the poorhouse and 
farm. Sanders v. Belue, 78 S. C. 171, 58 S. 
E. 762 (1907). 



* As to qualifications for holding any office, see S. C. Const., Art. 1, § 11. As to quali- 
fication of elective or appointive officers, see S. C. Const., Art. 11, §§ 1, 4. As to im- 
peachment of executive and judicial officers, see S. C. Const.. Art. 15, §§ 1 to 4. As to 
bribery and corruption of public officers, see §§ 16-211 to 16-216. As to counties gen- 
erally, see Title 14. 

235 



§ 50-2 Code of Laws of South Carolina § 50-4 

Nor chief of police. — A municip: 1 cor- public is concerned, is a public officer, 

poration is a part of the sovereign power Edge v. Cayce, 187 S. C. 171, 197 S. E. 216 

of the State. Therefore, its chief of police, (1938). 

who is charged with the preservation of Cited in State v. McMillan, 189 S. C. 444, 

the peace and order of the town and with 1 S. E. (2d) 626 (1939). 
the enforcement of its laws in which the 

§ 50-2. Collecting and retaining rebates ; forfeiture of office. 

Any State or county officer who shall receive or collect any rebate, com- 
mission or discount from any person upon the purchase of any books or any 
other property or supplies or from printing or advertising, whether for use 
of the State or a county, shall fail or refuse to pay such rebate, commission 
or discount to the proper State or county authorities at the time of receiving 
it shall be deemed guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine or imprisonment, in the discretion of the court, and shall 
also forfeit his office. 

1942 Code § 1254; 1932 Code § 1254; Cr. C. '22 § 149; Cr. C. '12 §303; Cr. C. '02 §223; 
1897 (22) 519. 

§ 50-3. Giving false certificates to witnesses or jurors of mileage traveled. 

Any officer whose duty it is to certify to the mileage of any juror, witness 
or other person required to attend court or to travel to perform any legal 
duty who shall knowingly allow any claim for mileage otherwise than as 
prescribed by law shall be guilty of a misdemeanor and, upon conviction, 
shall be punished by fine or imprisonment, or both, in the discretion of the 
court, and shall, whether indicted criminally or not, be liable to a civil action 
to pay as a penalty for the benefit of the county a sum equal to ten times 
the amount which the county may lose by reason of such payment for mile- 
age in excess of that allowed by law. 

1942 Code § 1517; 1932 Code 1517; Cr. C. '22 § 465; Cr. C. 12 § 302; Cr. C. '02 § 222; 1897 
(22) 732. 

Cited in Singletary v. Wilson, 191 S. C. 
153, 3 S. E. (2d) 802 (1939). 

§ 50-4. Clerk, sheriff or magistrate failing to pay over fines, etc. 

Any clerk of the circuit court, county sheriff or magistrate who shall ne- 
glect or refuse immediately to pay over, as required, any and all fines and 
penalties collected by him in any criminal cause or proceeding shall, on 
conviction thereof, be subject to a fine of not less than one hundred nor 
more than one thousand dollars and imprisonment for not less than three 
nor more than six months and shall be dismissed from office and disqualified 
from holding any office of trust and profit under this State. 

1942 Code § 1519; 1932 Code § 1519; Cr. C. '22 § 467; Cr. C. '12 § 540; Cr. C. '02 § 383; 
G. S. 2553; R. S. 300; 1871 (15) 656. 

Section is constitutional. — This section, except in cases of fraud. See State v. 

though omitting the element of intention Moore, 128 S. C. 192, 122 S. E. 672 (1924). 

to defraud, is apparently not unconstitu- Local officers may be removed without 

tional as violating the constitutional pro- impeachment. — This section is one of a 

vision preventing imprisonment for debt number that recognizes a line of cleavage 

236 



§ 50-5 Officers and Employees § 50-6 

on the subject of removal from office of election or judicial district may be removed 

local officers and of officers having jurisdic- without impeachment. McDowell v. Bur- 

tion over the entire State; and it seems that nett, 92 S. C. 469, 75 S. E. 873 (1912). 
officers whose authority is limited to a single 

§ 50-5. Allowing records to be taken from office. 

If any clerk of any court of record, judge of probate, master, register of 
mesne conveyances or sheriff shall allow any record, or any part thereof, to be 
taken or removed from their respective offices by any person whomsoever, he 
shall be guilty of a misdemeanor and upon conviction thereof he shall be pun- 
ished by a fine of fifty dollars for the first offense and for the second and any 
subsequent offense by a fine of one hundred dollars. Nothing herein contained 
shall be held to apply to the attendance of any of such officers with any of the 
records of their respective offices in any court when the actual production of 
such record is required by the proper process of such court for the purpose 
of evidence in any trial then proceeding therein nor shall the provisions of 
this section apply to the taking or removal of any books or records when 
done under any order of a circuit judge for the better preservation or pro- 
tection of such books or records. 

1942 Code § 1526; 1932 Code § 1526; Cr. C. '22 § 473; Cr. C. '12 § 547; Cr. C. '02 § 390; 
G. S. 2557; R. S. 307; 1882 (18) 871; 1885 (19) 415. 

§ 50-6. Neglect of duty by certain officers. 

Any clerk of the court of common pleas and general sessions, sheriff, judge 
of probate or register of mesne conveyances in this State who shall wil- 
fully fail or neglect to discharge all the duties and perform all the services 
which are required of him by law shall, in addition to his liability to the 
person aggrieved, be liable to be indicted as for a misdemeanor and upon 
conviction thereof shall be fined, at the discretion of the court, not exceeding- 
five hundred dollars. 

1942 Code § 1527; 1932 Code §1527; Cr. C. '22 §474; Cr. C. '12 §548; Cr. C. '02 §391; 
G. S. 2558; R. S. 308; 1837 (6) 577. 

Construction. — This section is construed constitute an offense under this section, it 

with § 50-S. State v. Hall, 5 S. C. 120 is necessary that the failure or neglect be 

(1874). willful. State v. Green, 52 S. C. 520, 30 

Application. — An indictment which in ef- S. E. 6S3 (1898). 
feet and substance charges neglect of any Indictment of judicial officer may pre- 

official duty imposed by law on the officers cede impeachment.— A constitutional and 

named in this section is founded upon this judicial officer who violates the law and 

section and not upon § 50-8. State v. Hall, trus t of office confided to his care is not 

5 S. C. 120 (1874). entitled to be impeached and removed from 

Offense here is of passive nature.-This office b u e f ore c an indictment is brought 

section makes it unlawful for the officers *fi ns l h ' m J State v. Green, 52 S. C. 520, 

30 S. E. 683 (1898). 



therein mentioned willfully to fail or neglect 



Indictment charging failure to perform 



to discharge the duties of their respective duty ._ An indictment charging that def end- 
offices, such failure or neglect being only ant> „ being the judg£ of probatE| and by 
passive m nature, and not of such active virtue of said office a pubHc guardian hav . 
character as those offenses prohibited by ; ng in charge certain estates, * * * did fail 
§ 50-8. State v. Green, 52 S. C. 520, 30 or neg i ect to make his annual report to the 
S. E. 683 (1898). court of common pleas * * * of all his acts 
Neglect must be willful. — In order to and doings as such public guardian," was 

237 



§50-7 



Code of Laws of South Carolina 



§50-8 



founded upon this section and not § 50-8. 
State v. Green, 52 S. C. 520, 30 S. E. 683 
(1898). 



Cited in State v. Elliott, 94 S. C. 35, 77 
S. E. 728 (1913); State v. McMillan, 189 
S. C. 444, 1 S. E. (2d) 626 (1939). 



§ 50-7. Officers reported by circuit solicitor to be indicted. 

If any clerk of the court of common pleas and general sessions, sheriff, 
judge of probate or register of mesne conveyances in this State shall be re- 
ported by a circuit solicitor as having wilfully failed or neglected to dis- 
charge any of the duties or to perforin an} - of the services appertaining to his 
office which are required of him by law, the court shall order a bill of in- 
dictment to be preferred against such delinquent officer. 

1942 Code § 1528; 1932 Code § 1528; Cr. C. '22 § 475; Cr. C. '12 § 549; Cr. C. '02 § 392; 
G. S. 2559; R. S. 309: 1837 (6) 577. 



§ 50-8. Certain officers guilty of misconduct to be indicted. 

Any public officer whose authority is limited to a single election or judicial 
district who shall be guilty of any official misconduct, habitual negligence, 
habitual drunkenness, corruption, fraud or oppression shall be liable to in- 
dictment and, upon conviction thereof, shall be fined not exceeding one thou- 
sand dollars and imprisoned not exceeding one year. 

1942 Code § 1525; 1932 Code § 1525; Cr. C. '22 §472; Cr. C. '12 § 545; Cr. C. '02 §3S8; 
R. S. 305; 1829 (6) 391. 



I. General Consideration. 
II. Application of Section. 

I. GENERAL CONSIDERATION. 

Cross references. — As to provisions for 
removal of officer for incapacity, miscon- 
duct, or neglect of duty, see S. C. Const., 
Art 3, § 27. As to suspension of magis- 
trates, see § 43-3. As to Governor's power 
of removal when grounds are insufficient 
for impeachment, see S. C. Const., Art 15, 
§4. 

Conflict exists between this section and 
§ 50-6. — A repugnancy appears between this 
section and § 50-6, and a person violating 
one of these sections cannot be indicted 
under the other. State v. Green, 52 S. C. 
520, 30 S. E. 683 (1898). 

As to nature of violations. — This section 
provides for violations of the law that are 
principally of an active character, and the 
punishment is greater than in § 50-6. State 
v. Green, 52 S. C. 520, 30 S. E. 683 (1898). 
See also, State v. Tarrant, 24 S. C. 593, 
(1886). 

And penalties therefor. — The penalties im- 
posed by this section and § 50-6 differ es- 
sentially. As they cannot be treated as 
cumulative, the punishment prescribed by 
§ 50-6 must displace that prescribed by this 
section, since it regards all offenses em- 
braced within § 50-6. State v. Hall, 5 S. C. 



120 (1874); State v. Green, 52 S. C. 520, 30 
S. E. 683 (1898). 

Scope of "official misconduct." — The 
words "official misconduct" in this section 
must be construed so as not to embrace 
those cases provided for in § 50-6. State 
v. Green. 52 S. C. 520, 30 S. E. 683 (1898). 

General official misconduct is punishable 
only under this section. State v. Hall, 5 
S. C. 120 (1874). 

Power of removal by Governor. — The 
power of removal from office by the Gov- 
ernor is not an incident "to his office, but 
exists only when conferred by the Con- 
stitution or statutes, or is implied from the 
conferring of the power of appointment. 
State v. Rhame, 92 S. C. 455, 75 S. E. 881 
(1912). 

Indictment after leaving office. — An offi- 
cer whose term has expired, or who has 
resigned or been removed, may be indicted 
under this section. State v. Sellers, 7 Rich. 
(41 S. C. L.) 368. 

II. APPLICATION OF SECTION. 

Approval of improper claims as miscon- 
duct. — An indictment of a county supervisor 
alleging that he approved claims for work 
that was not performed and for material 
that was not furnished when he had knowl- 
edge of such facts or should have known 
them, states acts of official misconduct. 



238 



§50-9 



Offickrs and Employees 



§ 50-10 



State v. Jaques, 65 S. C. 178, 43 S. C. 515 
(1903). 

False voucher of treasurer is an official 
fraud. State v. Cardoza, 11 S. C. 195 (1877). 

Trustee of school board is indictable. — 
A trustee of a school board, which charged 
him with certain duties incumbent upon 
the board, is a public officer under this sec- 
tion, and as such is indictable as for violat- 
ing the law and not simply for failure to 
perform duties imposed on him bv the 
board. State v. Elliott, 94 S. C. 35, '77 S. 
E. 728 (1913). 

The board of trustees must necessarily 
perform its duties through its several mem- 
bers: and when a trustee is assigned to do 
work which the statute imposes on the 
board, he is in the discharge of a duty im- 
posed upon him bv the statutes. State v. 
Elliott, 94 S. C. 35, "77 S. E. 728 (1913). 

Failure to 1st contract to lowest bidder. — 
Allegations in indictment of a county su- 
pervisor for misconduct that he did not let 
the contracts for repairs of bridges to the 
lowest bidder do not state an act of official 
misconduct, it not being required by statute. 
State v. Jaques, 65 S. C. 178. 43 S. E. 515 
(1903). 

A former standing of § 14-201 provided 
that one of the commissioners should be 



present and act with the county super- 
visor in awarding contracts for road and 
bridge repair when contract price exceeded 
ten dollars. Under this standing, a re- 
ward of a contract exceeding ten dollars by 
the supervisor in the absence of a commis- 
sioner was official misconduct on the part 
of the supervisor, making him liable under 
this section. State v. Jaques, 65 S. C. 178, 
43 S. E. 515 (1903). 

Supplying liquor to prisoners. — Furnish- 
ing prisoners with spirituous liquors by 
jailer is official misconduct. State v. Sel- 
lers, 7 Rich (41 S. C. L.) 368. 

Indictment count referring to several 
vouchers charges single offense. — A count 
in an indictment which sets up several 
vouchers that defendant falsely made up 
and procured payment on only charges the 
one offense of official misconduct based on 
specific transactions. It is not multifarious. 
State v. Sharpe, 132 S. C. 236, 128 S. E. 722 
(1925). 

A count in an indictment under this sec- 
tion, which charges that defendant falsely 
made up vouchers and then procured their 
payment, does not charge separate and dis- 
tinct offenses. State v. Sharpe, 132 S. C. 
236, 128 S. E. 722 (1925). 



§ 50-9. Removal of officer convicted of certain offenses. 

The presiding judge before whom any public officer convicted under the 
provisions of § 50-8 shall be tried shall cause a certified copy of the indict- 
ment to be immediately transmitted to the Governor who shall upon receipt 
thereof by proclamation declare the office of such officer to be vacant and 
such office shall be filled as in the case of the death or resignation of the in- 
cumbent. 

1942 Code § 985; 1932 Code § 985; Cr. P. '22 § 76; Cr. C. '12 § 546; Cr. C. '02 § 389; G. S. 
2556; R. S. 306; 1896 (22) 312. 

§ 50-10. Extension of coverage of Federal Social Security Act. 

The Governor may designate an official who may enter into agreements 
with the Federal Administrator of Social Security or other duly authorized 
Federal agency to extend the insurance coverage established for employees of 
the State or any political subdivision, authority or commission thereof by the 
Federal Social Security Act, as amended. But employees who are engaged 
in service for the State or any political subdivision, authority or commission 
thereof in a service position group covered by a retirement system of the State 
or a retirement system maintained by any political subdivision, authority or 
commission, whether members of the system or not, shall not be eligible for 
coverage under such agreements. 

1951 (47) 215. 



239 



§ 50-51 



Code of Laws of South Carolina 



§ 50-52 



CHAPTER 2. 
Oaths and Bonds. 



Sec. Sec. 

50-51. Oath and commission prerequisite to 50-66. 

assumption of duties. 
50-52. Additional oaths for certain officers 50-67. 

relative to gambling. 
50-53. Additional oath relative to duelling. 50-68. 
50-54. Additional oath of county officers in 

respect to sharing profits. 50-69. 

50-55. Form of bond to be given by all 

public officers. 50-70. 

50-56. Comptroller General to have blank 

forms of bonds printed and dis- 50-71. 

tributed to counties. 50-72. 

50-57. Clerks to receive blanks and give 50-73. 

to officers. 
50-58. Assumption of office before giving 50-74. 

bond. 
50-59. Public officer not to draw salary until 50-75. 

bond given. 
50-60. County officials required to give cor- 50-76. 

porate surety; exceptions. 
50-61. Surety company bonds authorized 50-77. 

generally. 50-78. 

50-62. Blank. 

50-63. Cost of bonds with corporate surety. 50-79. 
50-64. Number of sureties. 
50-65. Distribution of liability among sure- 
ties. 



Residence of sureties for county of- 
ficers. 

By whom bonds must be examined 
and approved. 

Same; approval as to form and exe- 
cution; recordation. 

Recordation and filing of bonds of 
county officers. 

Annual examination and report on 
sufficiency of county officers' bonds. 

Annual examination of bonds. 

Procedure when conditions change. 

New bond when surety demands re- 
lief; release of prior sureties. 

Effect of failure to submit satisfac- 
tory new bond. 

State officers, etc., to advise as to 
bonds and furnish copies. 

Bonds of public officers may be sued 
on. 

Certified copies of bonds as evidence. 

Distribution of moneys recovered, 
etc., after defalcation. 

State officers not to be officers of 
surety companies. 



§ 50-51. Oath and commission prerequisite to assumption of duties. 

It shall be unlawful for any person to assume the duties of any public 
office until he has taken the oath provided by the Constitution and been regu- 
larly commissioned by the Governor. 

1942 Code §§1512, 3042; 1932 Code §§ 1512, 3042; Civ. C. '22 §733; Cr. C. '22 §460; 
Civ. C. '12 § 649; Cr. C. '12 § 535; 1901 (23) 754. 

Cited in State v. McMillan, 189 S. C. 444, 
1 S. E. (2d) 626 (1939). 

§ 50-52. Additional oath for certain officers relative to gambling. 

In addition to the oath of office required by article III, section 26, of the 
Constitution, each sheriff, deputy sheriff, coroner, deputy coroner, magis- 
trate and constable shall, before they be qualified to act in their respective 
offices, in addition to their respective oaths of office, severally take also 
the following additional oath: "I, A. B., do solemnly swear (or affirm, as the 
case may be) that in the execution of the office to which I have been elected 
(or appointed) I will, to the best of my ability, enforce the penalties prescribed 
by law against gaming and the keeping of gaming tables and will not fail to 
bring to justice all violators of such laws that may come within my view or 
knowledge. So help me, God." 

240 



§ 50-53 Officers and Employees § 50-55 

1942 Code § 3043; 1932 Code § 3043; Civ. C. '22 § 734; Civ. C. '12 § 650; Civ. C. '02 § 582; 
G. S. 441, 1730; R. S. 503, 591; 1816 (6) 27; 1880 (17) 502; 1894 (21) 716. 

Cited in State v. Messervy, 86 S. C. 503, 
6S S. E. 766 (1910). 

§ 50-53. Additional oath relative to duelling. 

All officers charged with the preservation of the peace shall also take, 
before entering upon the duties of their office, the following additional oath, 
to be administered in like manner as the oath prescribed by article III, section 
26, of the Constitution: "I will, to the extent of by ability, enforce the pen- 
alties prescribed by law against duelling and will not fail to bring to justice 
all persons offending against such law that may come within my view or 
knowledge." 

1942 Code § 3043; 1932 Code § 3043; Civ. C. '22 § 734: Civ. C. '12 § 650: Civ. C. '02 § 582; 
G. S. 441, 1730; R. S. 503, 591; 1816 (6) 27; 18S0 (17) 502; 1894 (21) 716. 

§ 50-54. Additional oath of county officers in respect to sharing profits. 

Each county officer elected or appointed shall, before entering upon the 
duties of his office, in addition to the other oaths required by law, take 
the following oath : "I, A. B., swear (or affirm, as the case may be) that I 
am under no promise, in honor or law, to share the profits of the office to 
which I have been elected (or appointed, as the case may be) and I will 
not, directly or indirectly, sell or dispose of such office or the profits there- 
of. But I will resign or continue to discharge the duties thereof during the 
period fixed by law, if I so long live. So help me, God." 

1942 Code § 3044; 1932 Code §3044; Civ. C. '22 §735; Civ. C. '12 § 651; Civ. C. '02 § 5S3; 
G. S. 442; R. S. 502; 1829 (6) 3S4; 1S80 (17) 501. 

§ 50-55. Form of bond to be given by all public officers. 

The bond given by any person elected or appointed to any office for which 
bond is required shall be of the form following: 

"State of South Carolina. 

"Know all men by these presents, that we (here insert the names of the 
person and his sureties) are held and firmly bound unto the State of South 
Carolina in the penal sum of (insert the amount required by law) dollars. 
to the payment of which, well and truly to be made, we bind ourselves and 
each and every of us, our heirs, executors and administrators, firmly by 
these presents. Sealed with our seal and dated this (insert the day) day of 
(insert the month) Anno Domini one thousand nine hundred and (insert 
the year) and in the (insert the year) year of the Independence of the United 
States of America. 

"Whereas, The above bound (insert the name of the person appointed or 
elected) hath been appointed (or elected, as the case may be) to the office 
of (insert the office). 

"Now the condition of the above obligation is such that if the above bound 
(insert the name of the person appointed or elected) shall well and truly 
perform the duties of said office, as now or hereafter required by law, during 
[5SCCode] — 16 241 



§ 50-56 



Code of Laws of South Carolina 



§ 50-58 



the whole period he may continue in said office, then the ahove obligation 
to be void and of none effect or else to remain in full force and virtue. 
"Sealed and delivered in the presence of: 

" (L.S.) 

"(Here place name of witness.)" 

1942 Code § 3045; 1932 Code § 3045; Civ. C. '22 § 736; Civ. C. '12 § 652; Civ. C. '02 § 5S4; 
G. S. 443; R. S. 504; 1829 (6) 3S3. 



Bond form refers to term of appoint- 
ment. — The form of the bond provided for 
in this section, fixing the responsibility of 
the bondsman during the whole period a 
treasurer may continue in office, has refer- 
ence to the definite term to which he has 
been appointed. Commissioners v. Green- 
wood, 1 DeS. (1 S. C. Eq.) 450; State v. 
Mason, 126 S. C. 426, 120 S. E. 367 (1923). 

Nature of bond. — In ttie form prescribed 
in this section are the following words, "to 
the payment of which, well and truly to be 
made, we find ourselves and each and every 
of us.'' Where a bond conforms to the 
form prescribed, it is a joint and several 
bond, and an action thereon is a joint and 
several action as to the parties thereto 
bound. Cohen v. Maryland Cas. Co., 4 F. 
(2d) 564 (1925). 



For additional related case, see Commis- 
sioners v. McKie, 1 N. & McC. (10 S. C. L.) 
575. 

Quoted in Treasurer v. Buckner, 2 McM. 
(27 S. C. L.) 323: Posey v. Ramev, 4 Strob. 
(35 S. C. L.) 20: Snvder v. Scott. 174 S. C. 
403, 177 S. E. 665 (1934): Tarker v. Brown. 
195 S. C. 35, 10 S. E. (2d) 625 (1940). 

Cited in Norton v. Mulligan, 4 Strob. (35 
S. C. L.) 355; State v. Fidelitv, etc., Co.. 
114 S. C. 511, 104 S. E. 182 (1920); Bolen 
v. National Sur. Co., 108 S. C. 403, 94 S. E. 
1049 (1918); State v. Messervy, 86 S. C. 
503, 68 S. E. 766 (1910); Commissioners v. 
Moore, 2 Brev. (4 S. C. L.) 51; Spivey v. 
Fidelitv, etc., Co., 162 S. C. 143, ICO S. E. 
275 (1931). 



§ 50-56. Comptroller General to have blank forms of bonds printed and dis- 
tributed to counties. 
The Comptroller General shall ascertain the number of officers in this 
State from whom bonds are required and cause an equal number of such bonds 
to be printed annually, at the expense of the State, having thereon the blank 
forms for the proper officers to approve securities and for probate. And he 
shall distribute to each county, annually, a number of such bonds equal to the 
number of officers from whom bonds are required in each such county, re- 
spectively. 

1942 Code § 3046; 1932 Code 5 3046; Civ. C. '22 § 737; Civ. C. '12 § 655; Civ. C. '02 § 587; 
G. S. 444; R. S. 505; 1829 (6) 384. 

§ 50-57. Clerks to receive blanks and give to officers. 

Each county clerk shall receive the bonds for his county and deliver one 

to each person elected or appointed to any such office, whenever called for. 

1942 Code § 3047; 1932 Code § 3047; Civ. C. '22 § 738; Civ. C. '12 § 656; Civ. C. '02 § 5S8; 
G. S. 445 ;R. S. 506. 



§ 50-58. Assumption of office before giving bond. 

It shall be unlawful for any person to assume or attempt to assume the 
duties of any office for which a bond is required, without having given the 
bond required. Any person assuming or attempting to assume the duties 
of any office as aforesaid shall be guilty of a misdemeanor and shall be 
subject to a fine of five hundred dollars or imprisonment for not less than 
three months, in the discretion of the court. 

242 [5 SC Code] 






§ 50-59 Officers and Employees § 50-61 

1942 Code § 1513; 1932 Code § 1513; Cr. C. '22 §461; Cr. C. '12 §536; Cr. C. '02 ^379; 
1901 (23) 750. 

Cited in State v. Messervy, 86 S. C. 503, 
68 S. E. 766 (1910); State v. McMillan, 189 
S. C. 444, 1 S. E. (2d) 626 (1939). 

§ 50-59. Public officer not to draw salary until bond given. 

No executive, judicial or other officer, elected or appointed to any office in 

the State, shall be entitled to receive any pay or emoluments of office until 

he shall have been duly commissioned and qualified and shall have given 

bond when so required to do by law. 

1942 Code §3077; 1932 Code § 3077; Civ. C. '22 § 764; Civ. C. '12 § 680; Civ. C. - 02 § 610; 
G. S. 582; R. S. 529; 1901 (23) 750. 

Quoted in Verner v. Seibels, 60 S. C. 572, Cited in McCoy v. Curtis, 14 S. C. 367 

39 S. E. 274 (1895). (1880). 

§ 50-60. County officials required to give corporate surety ; exceptions. 

Before any county official, other than a magistrate, constable or rural 
county policeman, who is required by law to give bond shall enter into the 
discharge of the duties of his office he shall secure bond in some reliable 
surety company authorized to do business in this State, except that if any 
official be refused bond by any of such surety companies, after proper ap- 
plication, a personal bond shall be accepted when approved as provided by 
law. 

1942 Code § 3058; 1932 Code § 3058: Civ. C. '22 § 749; Civ. C. '12 § 667; Civ. C. '02 § 599; 
R. S. 517: 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703. 

Section is general law. — Statute requiring removal makes oath that she saw corporate 

bonds of certain officials of Pickens County seal of company affixed, and that she saw 

to be executed by surety company was held the attorney-in-fact of said company sign 

unconstitutional as a special law, since this the same, there is a presumption that the 

section is a general law and could be made execution was duly authorised. Mutual 

applicable. Gillespie v. Backwell, 164 S. C. Life Ins. Co. v. Langley, 145 F. 415 (1906). 

115. 161 S. E. 869 (1931). Cited in Massachusetts Bonding & Ins. 

Presumption of authorization of bond. — Co. v. Law, 149 S. C. 402, 147 S. E. 444 

Where the subscribing witness to bond for (1929). 

§ 50-61. Surety company bonds authorized generally. 

Solvent guaranty companies, surety companies, fidelity insurance com- 
panies and fidelity and deposit companies incorporated and organized under 
the laws of this State or any other state of the United States or foreign gov- 
ernments for the purpose of transacting the business of fidelity insurance 
which have a paid-up capital or surplus of two hundred fifty thousand dol- 
lars and which shall have complied with all the requirements of law as to 
a license required by this State may, upon proper proof thereof and upon pro- 
duction of evidence of solvency, be accepted upon the bonds of all city, 
county and State officers of this State. The various officers of this State 
whose duty it is to approve the sureties upon such bonds may accept such 
a company as one of the sureties or the only surety upon such bond as the 
solvency of such company may warrant. But no person having the approval 

243 



§ 50-62 Code of Laws of South Carolina § 50-67 

of any bond shall exact that it be furnished by a guaranty company or by any 

particular guaranty company. Any such bond shall be made payable to the 

State. 

1942 Code § 30S8; 1932 Code § 3058; Civ. C. '22 § 749; Civ. C. '12 § 667; Civ. C. '02 § 599; 
R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703; 1947 (45) 322. 

§ 50-62. Blank. 

§ 50-63. Cost of bonds with corporate surety. 

When the official of any county secures bond from a surety company the 

cost of such bond shall be paid by the governing body of the county out of 

the ordinary county funds. 

1942 Code § 3058; 1932 Code § 3058; Civ. C. "22 § 749: Civ. C. '12 § 667; Civ. C. '02 § 599; 
R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703. 

Cited in Spivey v. Fidelity & Deposit Co., 
162 S. C. 143, 160 S. E. 275 (1931). 

§ 50-64. Number of sureties. 

The number of sureties allowed upon a personal official bond shall in no 

case be more than twenty. And in the cases of the sheriff, coroner, clerk 

of the circuit court, judge of probate and county treasurer their number shall 

not exceed twelve or be less than two. 

1942 Code § 3048; 1932 Code § 3048; Civ. C. '22 § 739; Civ. C. '12 § 657; Civ. C. '02 § 589; 
G. S. 452; R. S. 507; 1S66 (13) 469; (14) 19. 

§ 50-65. Distribution of liability among sureties. 

Each surety on a personal official bond ma)' state in writing the amount 

of the liability assumed by him, beyond which amount he shall not be held. 

The aggregate of the amounts assumed by all the sureties shall not be less 

than the penalty of the bond. In case of loss or default, the sureties will be 

entitled, as between each other, to contribution in the proportion of their 

liability. 

1942 Code § 3048; 1932 Code § 3048; Civ. C. '22 § 739; Civ. C. '12 § 657; Civ. C. '02 § 589; 
G. S. 452; R. S. 507; 1866 (13) 469; (14) 19. 

§ 50-66. Residence of sureties for county officers. 

The sureties, other than corporate sureties, on bonds of all county officers 

must be citizens of the count)- in which their principal resides. 

1942 Code § 3048; 1932 Code § 304S; Civ. C. '22 § 739; Civ. G. '12 § 657; Civ. C. '02 § 589; 
G. S. 452; R. S. 507; 1866 (13) 469; (14) 19. 

§ 50-67. By whom bonds must be examined and approved. 

The official bond of each officer of the executive department must be sub- 
mitted to the Governor for his approval. The official bonds of all county 
officers must be examined and approved or disapproved by the governing 
body of the county, except the bonds of the members of such governing 
body which must be examined and approved or disapproved by the clerk of 
court or the Attorney General. In all cases in which the governing body of 

244 



§ 50-68 Officers and Employees § 50-70 

the county refuses to approve the bond of any county officer, such officer 
may refer the bond to the Attorney General and, if approved by him, after 
hearing evidence, the bond shall be accepted by the governing body of the 
county. 

1942 Code § 3049; 1932 Code § 3049; Civ. C. '22 § 740; Civ. C. '12 § 658; Civ. C. '02 § 590; 
G. S. 453, 466, 611; R. S. 50S; 186S (14) 70; 1872 (IS) 106; 1875 (15) 986; 1893 (21) 481. 

Remedy of section is exclusive. — Such be given him to show cause why his office 

remedy as is provided for by this and fol- should not be declared vacant, is invalid, 

lowing sections is exclusive. An order of Ex parte Charles, 4S S. C. 279, 26 S. E. 605 

the court of general sessions requiring a (1897). 

master to give a new bond, and providing Cited in State v. Yates, 3 Hill (21 S. C. 

that on the failure to do so, a notice shall L.) 230. 

§ 50-68. Same ; approval as to form and execution ; recordation. 

The bonds of all public officers of the State shall, before they are accepted 
or recorded, be examined by the Attorney General or by one of the solicitors, 
who must certify in writing upon the bond that he approves the form and 
execution thereof. When so examined, approved and certified the bonds of 
State, district or circuit officers shall be filed with the Secretary of State and 
shall be recorded by him, without charge, in suitable books kept by him for 
the purpose and when so recorded shall be filed with the State Treasurer ex- 
cept that the bond of the State Treasurer shall be filed with the Governor. 

1942 Code § 3050; 1932 Code § 3050; Civ. C. '22 § 741; Civ. C. '12 § 659; Civ. C. '02 § 591; 
G. S. 446; R. S. 509; 1877 (16) 301; 1901 (23) 750. 

§ 50-69. Recordation and filing of bonds of county officers. 

Every county officer who is required to give bond for the faithful per- 
formance of the duties of his office shall, within thirty days after notification 
of his election or appointment, have his bond recorded in the office of the 
register of mesne conveyances or, if there be no such officer, in the office of 
the clerk of the circuit court for the county in which such officer resides and 
the register or clerk shall keep a separate book, properly indexed, for the 
purpose of recording such bonds, which shall be provided by the governing 
body of the county. The register or clerk shall be entitled to exact a fee 
from the public officer of one dollar for recording his bond. But no such 
bond shall be recorded until first approved as to surety by the proper officials 
as prescribed by law and as to execution and form by the Attorney General or 
such other official as may be designated for this purpose. Such bonds when 
recorded shall be immediately transmitted to the Secretary of State who. 
after recording them as required by § 50-68, shall file them with the State 
Treasurer. 

1942 Code § 3051; 1932 Code § 3051; Civ. C. '22 § 742; Civ. C. '12 § 660; Civ. C. '02 § 592; 
G. S. 449; R. S. 510; 1866 (13) 382; 1901 (23) 749; 1920 (31) 785. 

§ 50-70. Annual examination and report on sufficiency of county officers' bonds. 
The governing body of each county in the State shall make an annual ex- 
amination into the sufficiency of all the county officers' bonds within their 
respective counties and within ten days thereafter report to the Comptroller 

245 



§ 50-71 Code of Laws of South Carolina § 50-73 

General, to be laid before tbe board referred to in § 50-71 for its action accord- 
ing to law, any that may, in their judgment, be insufficient. 

1942 Code § 3053; 1932 Code § 3053; Civ. C. '22 § 744; Civ. C. "12 § 662; Civ. C. '02 § 594; 
R. S. 512; 1876(16) 699. 

§ 50-71. Annual examination of bonds. 

All such official bonds shall be annually examined by a board to consist of 

the Secretary of State, Comptroller General and State Treasurer, except that 

the bonds of such officers themselves shall be annually examined by the 

Governor. 

1942 Code § 3052; 1932 Code § 3052; Civ. C. '22 § 743; Civ. C. '12 § 661; Civ. C. '02 § 593; 
G. S. 447; R. S. 511; 1820 (6) 147; 1886 (19) 381. 

§ 50-72. Procedure when conditions change. 

If any surety on any such official bond should die or depart permanently 
from the State or if such board or the Governor, respectively, should, at the 
time of the annual examination or at any other time, be of opinion that any 
of the sureties is not worth as much clear of debt as his proportion of the 
obligation to which his name is affixed, the board or the Governor, as the 
case may be, shall cause the public officer whose surety has departed this 
life or removed from the State or is objected to for insufficiency of estate to 
be notified of such exception. Any such officer shall, within thirty days after 
the service of such notification, procure other surety satisfactory to the board 
or the Governor, as the case may be, but so as not to cancel or at all impair 
the original bond or produce satisfactory evidence to the board or the Gov- 
ernor, as the case may be, that the surety objected to as owning insufficient 
property, as aforesaid, is worth as much as his proportion of the obligation, 
clear of debt; or else the officer shall procure such additional and sufficient 
surety or sureties as the board or the Governor, respectively, shall approve. 
And in default of compliance with either of such requirements within thirty 
days the office of the defaulting officer shall be regarded as vacant. 

1942 Code § 3052; 1932 Code § 3052; Civ. C. '22 § 743; Civ. C. '12 § 661; Civ. C. '02 § 593; 
G. S. 447; R. S. 511 ; 1820 (6) 147; 1886 (19) 3S1. 

§ 50-73. New bond when surety demands relief; release of prior sureties. 

When any of the sureties of any officer elected or appointed to any office 
shall, in writing, notify the proper officer whose duty it is to approve the bond 
of such officer that they desire to be relieved from their suretyship, the officer 
authorized by law to approve such bond shall require the officer to execute a 
new bond with surety, which, when approved, shall be as valid as the bond 
given on the original election or appointment of such officer. And the sure- 
ties upon the prior bond shall be released from responsibility for all acts or 
defaults of such officer which may be done or committed subsequent to the 
approval of such new bond. 

1942 Code § 3056; 1932 Code § 3056; Civ. C. '22 § 747; Civ. C. '12 § 665; Civ. C. '02 § 597; 
R. S. 515; 1887 (19) 783. 

Section applies only to accommodation ing an official bond of county treasurers in 
surety. — A foreign surety company execut- consideration of annual payments of pre- 

246 



§ 50-74 



Officers and Employees 



§ 50-75 



miums by the county is without right, under 
this section, to withdraw therefrom with- 
out reason, in that this section pertains only 
to accommodation surety, rather than sure- 
ty for compensation. Massachusetts Bond- 
ing & Ins. Co. v. Law, 149 S. C. 402, 147 S. 
E. 444 (1929). 

Notice must be given before release is 
effective. — Where the defendant surety on 
a county dispenser's bond failed to give no- 
tice, as required by this section providing 
for the withdrawal of sureties from official 
bonds, he w-as not released from liability, 
and the principal could not recover for the 
wrongful act of surety in cancelling the 
bond and thus causing his discharge. Bolen 
v. National Sur. Co., 108 S. C. 403, 94 S. E. 
1049 (191S). 



Breach permits release. — Surety company 
executing official bond of county sheriff for 
consideration could, on sheriff's breach of 
bond, seek release from future liability. 
Spivev v. Fidelity & Deposit Co., 162 S. C. 
143, 160 S. E. 275 (1931). 

If accompanied by proper grounds. — Sure- 
ty company, desiring to obtain release from 
future liability on county sheriff's bond, 
should present to county commissioners 
with demand for such release the grounds 
therefor. The county commissioners should 
then investigate the charges and give the 
sheriff opportunity to answer them. Spivey 
v. Fidelity & Deposit Co., 162 S. C. 143, 160 
S. E. 275 (1931). 



§ 50-74. Effect of failure to submit satisfactory new bond. 

When any officer shall be required to execute a new bond, with surety, 
as provided for in § 50-73, he shall proceed forthwith to execute such new 
bond and submit it for approval to the officer authorized by law to approve 
it. If he shall fail or neglect to so execute and submit such new bond or 
fail or neglect to execute and submit a bond satisfactory to the officer au- 
thorized to approve such bond within thirty days after having been required 
so to do, the officer authorized to approve such new bond shall forthwith report 
to the Governor that such officer has been duly required under the provisions 
of § 50-73 to furnish a new bond and that such officer has failed so to do. Upon 
being so informed and upon receiving a certified copy of all the papers rela- 
tive to the case, the Governor, by public proclamation shall forthwith declare 
the office held by such defaulting officer vacant and such office so made vacant 
shall be filled in the manner now provided by law. 

1942 Code § 3057; 1932 Code § 3057; Civ. C. '22 § 748; Civ. C. '12 § 666; Civ. C. '02 § 59S; 
R. S. 516; 1887 (19) 783. 



This remedy is exclusive. Ex parte 
Charles, 4S S. C. 279, 26 S. E. 605 (1897). 

Commissioned officer has prima facie title 
to office. — Governor's commission of ap- 
pointee gives him prima facie title to sheriff's 
office, which would ordinarily be sufficient 
to warrant issuance of mandamus requiring 
adversary to surrender office to appointee. 



Spivey v. Fidelitv & Deposit Co., 162 S. C. 
143, 160 S. E. 275 (1931). 

Breach of bond vacating sheriff's office. — 
Facts before Governor regarding breach of 
bond by county sheriff held sufficient to jus- 
tify him in declaring office of sheriff vacant. 
Spivev v. Fidelity & Deposit Co., 162 S. C. 
143, 160 S. E. 275 (1931). 



§ 50-75. State officers, etc., to advise as to bonds and furnish copies. 

Any officer, agent, servant or employee in any office of the State or any of 
its boards, bureaus, departments, commissions or other instrumentalities, up- 
on request therefor by any interested person, shall supply such person with 
information as to whether any person employed in any office, board, bureau, 
department, commission, agency or other instrumentality of the State is 
bonded for any purpose and, if so, furnish such interested person with a 
copy of such bond. 

1942 Code § 3061; 1939 (41) 335. 

247 



§ 50-76 



Code of Laws of South Carolina 



§ 50-76 



§ 50-76. Bonds of public officers may be sued on. 

The bond of any public officer in this State ma}' at all times be sued on 
by the public, any corporation or private person aggrieved by any miscon- 
duct of any such public officer. 

1942 Code §3054; 1932 Code § 3054; Civ. C. '22 § 745; Civ. C. '12 § 663; Civ. C. '02 § 595; 
G. S. 450; R. S. 513; 1901 (23) 750. 



I. General Consideration. 
II. Application of Section. 

I. GENERAL CONSIDERATION. 

Construction of terms of bond. — When a 
suit is brought upon a bond against the 
constable and his sureties, the extent of 
the liability is to be ascertained from the 
terms of the bond, strictly construed, so 
as not to extend the liability of a surety 
by implication beyond its terms, but also 
reasonably construed, so as not to defeat 
the purpose of requiring sureties for the 
protection of the public against official mis- 
conduct. Wieters v. May, 71 S. C. 9, 50 
S. E. 547 (1905). 

Scope of bond's protection. — The protec- 
tion afforded by a bond applies only to 
those acts done in officer's official capacity 
or in performing some official duty im- 
posed by law. Wieters v. Mav, 71 S. C. 9, 
50 S. E. 547 (1905). 

Action on bond is action on contract. — 
The bond of a public officer is a contract, 
and an action upon the bond alone is an 
action upon a contract. Being an action 
upon a contract, it is then, for the purpose 
of determining jurisdiction of the courts, 
a transitory action as contradistinguished 
from a local action. Chappell v. Fidelitv & 
Deposit Co., 194 S. C. 124, 9 S. E. (2d) 592 
(1940). 

And may be brought by State. — The State 
may bring an action for breach of a bond 
of a county officer, notwithstanding a stat- 
ute making it the duty of the solicitor to 
bring an action on the bond of a county 
officer in the name of the county, which 
must be construed as directory as to the 
partv plaintiff. State v. Fidelitv, etc., Co., 
114 S. C. 511, 104 S. E. 182 (1920). 

Meaning of "aggrieved." — The term "ag- 
grieved" in this section means "injured in 
a legal sense," and a "person aggrieved" 
within the meaning of this section is "one 
injured in a legal sense." Parker v. Brown, 
195 S. C. 35, 10 S. E. (2d) 625 (1940). 

Statute of limitations begins at end of 
term. — The statute of limitations for action 
for an officer's breach begins to run, as to 
the sureties, at the expiration of the clerk's 
term. State v. Lake, 30 S. C. 43, 8 S. E. 
322 (1888). 



Cited in State v. Bowen, 112 S. C. 165, 
98 S. E. 864 (1919); Fleming v McLure, 
171 S. C. 147, 171 S. E. 804 (1933). 

II. APPLICATION OF SECTION. 

Failure of officer to obey statute. — The 
failure of an officer to obey the positive 
mandate of a statute is a breach of his bond 
upon which suit may be had under the au- 
thority of this section. Richland County v. 
American Surety Co., 92 S. C. 329, 75 S. E. 
549 (1912). 

Neglect of duty by clerk. — Where a clerk, 
to whom a decree, rendered, has been given 
to be disposed of according to law, marks 
it "filed,'' but neglects to enroll, enter or 
index it, putting it in a drawer where it is 
found five years later, the sureties on his 
bond are liable to the plaintiff in the decree, 
where several judgments in the meantime 
are entered up against the execution debtor, 
and mortgages are executed by him which 
cover his entire property. Strain v. Babb, 
30 S. C. 342, 9 S. E. 271 (1889). 

Abuse of authority by officer. — If a State 
constable, while attempting to execute some 
duty under a dispensary law, abuses or ex- 
ceeds his authority or executes it in an un- 
lawful manner to the injury of another, his 
official bond is liable. Wieters v. May, 71 
S. C. 9, 50 S. E. 547 (1905). 

Bond does not cover private acts. — The 
bond cannot cover any act or omission of a 
constable done without any authority what- 
ever, in his private or personal capacity as 
a man or citizen. Wieters v. May, 71 S. C. 
9, 50 S. E. 547 (1905). 

Or default occurring in another office. — 
The surety on the bond of the county road 
supervisor, who had formerly been the 
county supervisor, is not liable for funds 
which came into the officer's hands as coun- 
ty supervisor since the offices were distinct, 
and funds held by the county supervisor are 
not presumed to have been transferred to 
the county road supervisor. State v. Fi- 
delitv. etc., Co., 114 S. C. 511, 104 S. E. 
182 (1920). 

Or clerk failing to pay over money re- 
ceived. — The conditions of a clerk's official 
bond insuring the performance of duties of 
his office during the whole period that he 
may continue therein is not violated by his 



248 



§ 50-77 Officers and Employees § 50-79 

failure to pay over money leceived by him party, within the meaning of this section, 

in a cause pending in his court. State v. when alleging that he was prevented from 

Lake, 30 S. C. 43, 8 S. E. 322 (188S). earning his fees and' commissions by fail- 

Unless demand is made after order re- ure of the county treasurer to issue tax 

quiring payment during term of office. — executions for delinquent taxes. Parker v. 

State v. Lake, 30 S. C. 43, 8 S. E. 322 (188S). Brown, 195 S. C. 35, 10 S. E. (2d) 625 

County tax collector as aggrieved party. — (1940). 
A county tax collector is not an aggrieved 

§ 50-77. Certified copies of bonds as evidence. 

For the purpose of any suit brought under § 50-76 the officer or officers, 

for the time being, with whom such bond may be filed or recorded, upon 

application at his or their office, shall deliver to any person applying therefor 

and paying the fees for doing so an exact and certified copy of the bond of 

such public officer there deposited or recorded. 

1942 Code §3054; 1932 Code §3054; Civ. C. '22 §745; Civ. C. '12 §663; Civ. C. '02 §595; 
G. S. 450; R. S. 513; 1901 (23) 750. 

Application for copy of bond. — All the entitled by right. Hagood v. Ely the, 37 F. 
aggrieved person has to do is to apply for 249 (1889). 
a certified copy of the bond to which he is 

§ 50-78. Distribution of moneys recovered, etc., after defalcation. 

Whenever any officer of this State charged with the care, collection or dis- 
bursement of public funds is required to give bond to the State and a re- 
covery is had upon such bond or any moneys are seized, levied upon or at- 
tached in his hands or turned over or surrendered by such officer to the State 
Treasurer upon his commitment to jail, under warrant from the State Treas- 
urer, the moneys so recovered, seized, levied upon, attached, surrendered or 
turned over shall be distributed between the State, county, school or other 
specific funds, in proportion to the several amounts due by the officer to the 
State, county, school or other specific funds, at the time of such recovery, 
seizure, attachment, levy or surrender. The provision of this section shall 
only apply to suits, seizures, attachments or levies by or surrenders to public 
officers and not to suits upon the bonds of such officers brought by private 
individuals. 

1942 Code § 3055; 1932 Code § 3055; Civ. C. '22 § 746; Civ. C. '12 § 664; Civ. C. '02 § 596; 
G. S. 451; R. S. 514. 

§ 50-79. State officers not to be officers of surety companies. 

No State officer shall be an officer of any company issuing bonds for any 

of the county or State officers. 

1942 Code § 3058; 1932 Code § 3058; Civ. C. '22 § 749; Civ. C. *12 § 667; Civ. C. '02 § 599; 
R. S. 517; 1S92 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703. 



249 



§ 50-101 Code of Laws of South Carolina § 50-103 

CHAPTER 3. 

Nepotism, etc. 

Sec. Sec. 

50-101. Nepotism forbidden. 50-103. Sales, etc., of offices void. 

50-102. Buying and selling of offices for- 50-104. Official acts performed after of- 

bidden. fense, but before removal, valid. 

§ 50-101. Nepotism forbidden. 

It shall be unlawful for any person at the head of any department of this 
government to appoint to any office or position of trust or emolument under 
his control or management any person related or connected with him by con- 
sanguinity or affinity within the sixth degree. 

1942 Code § 3068; 1932 Code § 3068; Civ. C. '22 § 755; Civ. C. '12 § 673; Civ. C. '02 § 604; 
1896 (22) 123. 

§ 50-102. Buying and selling of offices forbidden. 

If any person (a) bargain for the purchase or sale of. or sell, any office or 

deputation thereof, or any part thereof, (b) receive any money, fee, reward 

or any other profit, directly or indirectly or (c) take any promise, agreement, 

covenant, bond or assurance for the payment of any money, fee, reward or 

other profit, directly or indirectly, for any office or deputation thereof, or any 

part thereof or to the intent that any person should have, exercise or enjoy 

any office or deputation thereof, or any part thereof, which office, or any part 

thereof, shall in any wise touch or concern the administration. or execution of 

justice or the receipt, control or payment of any public treasure, money, rent, 

revenue, account, auditorship or surveying of any public lands or which shall 

touch or concern any clerkship to be occupied in any court of record wherein 

justice is administered, such person shall not only lose and forfeit all right and 

interest in or to such office or deputation thereof, or any part thereof, but 

shall immediately, upon the payment of such fee, money or reward or upon 

any such promise, covenant, bond or agreement had or made for the payment 

of such fee, sum of money or reward, be adjudged a disabled person in law, 

to all intents and purposes, to have, occupy or enjoy such office or deputation, 

or any part thereof, for which any such person shall so give or enjoy or make 

any promise, covenant, bond or other assurance to give or pay any sum of 

money, fee or reward. 

1942 Code § 3065; 1932 Code § 3065; Civ. C. '22 § 752; Civ. C. '12 § 670; Civ. C. '02 § 601 ; 
G. S. 454; R. S. 520; 1736 (3) 468. 

§50-103. Sales, etc., of offices void. 

Every bargain, sale, promise, bond, agreement, covenant and assurance, 
as before specified, shall be void to and against him by whom any such bar- 
gain, sale, bond, promise, covenant or assurance shall be had or made. 

1942 Code § 3066; 1932 Code § 3066; Civ. C. '22 § 753; Civ. C. '12 § 671; Civ. C. '02 § 602; 
G. S. 555; R. S. 521; (3)2. 



250 



§50-104 Officers and Employees §50-151 

§ 50-104. Official acts performed after offense, but before removal, valid. 

If an}' person shall offend in anything contrary to the tenor and effect of 

§§ 50-102 and 50-103, yet, notwithstanding, all judgments given and all other 

acts executed or done by such person so offending, by authority or color of the 

office or deputation which ought to be forfeited or not occupied or not enjoyed 

by the person so offending, after the offense so by such person committed or 

done and before such person so offending for such offense be removed from 

the exercise, administration and occupation of such office or deputation, shall 

be and remain good and sufficient in law, to all intents, constructions and 

purposes. 

1942 Code § 3067; 1932 Code § 3067; Civ. C. '22 § 754; Civ. C. '12 § 672; Civ. C. '02 § 603: 
G. S. 556; R. S. 522; (3) 2. 



CHAPTER 4. 
Absence in Military Service. 

Sec. Sec. 

50-151. Definitions. 50-154. Duties, powers and pay of such tem- 
50-151.1. Leaves of absence for certain em- porary appointee. 

plo3'ees in armed forces. 50-155. Qualifications and bond of such ap- 
50-152. Absence in military service creates pointee. 

temporary vacancy; "forfeiture of 50-156. Bond waived during military ab- 

office" and "vacancy in office" de- sence. 

fined. 50-157. Compensation of officer in military 
50-153. Appointment of person to fill such service; resumption of office. 

temporary vacancy ; terms. 

§ 50-151. Definitions. 

For the purpose of this chapter, the following terms shall have the mean- 
ings ascribed to them by this section, unless the context clearly required other- 
wise : 

(1) "Officer" means any officer or employee of the State or any political 
subdivision thereof who is elected or appointed for a definite term which is 
fixed by law ; 

(2) "Military service" means service in the Army, Navy or Marine Corps of 
the United States or any compulsory service in any capacity to the Federal 
Government for the purpose of national defense ; and 

(3) "Appointive authority" means (a) the person, board, commission or other 
authority originally electing or appointing the officer, (b) if the officer was 
elected to his office in a general election or nominated in a primary, the Gov- 
ernor of the State, with the advice and consent of the Senate, if the officer is a 
State official or employee, (c) the Governor, upon the recommendation of the 
county legislative delegation, if the officer is an official or employee of a county 
or an}' of its political subdivisions and (d) the Governor, upon the recommen- 
dation of the mayor and city council or other governing body of a city or town 
if the officer is an official or employee of a municipality. 

1942 Code § 3075-1; 1941 (42) 313. 

Stated in Newman v. McCullough, 212 S. 
C. 17, 46 S. E. (2d) 252 (1948). 

251 



§ 50-151.1 Code of Laws of South Carolina § 50-154 

§ 50-151.1. Leaves of absence for certain employees in armed forces. 

Every employee of the State or any political subdivision thereof who, on or 
after June 25 1950 has been, or shall be, commissioned, enlisted or selected for 
service in the armed forces of the United States shall, so long as the require- 
ments and regulations of the armed forces shall prevent his return to his civil 
employment and for a period of sixty days thereafter, but in no event for a 
period longer than five years from the date of his entry into the armed forces 
of the United States, be entitled to leave of absence from his duties as an 
employee of the State or any political subdivision thereof, without loss of 
seniority or efficiency or register rating. 

The word "employee" as used herein shall not be construed to mean an of- 
ficer or official elected or appointed to a term pursuant to a statute or the 
Constitution of this State. 

1951 (47) 195. 

§50-152. Absence in military service creates temporary vacancy; "forfeiture 
of office" and "vacancy in office" defined. 

The absence of any officer from his office or position caused by his being in 
the military service shall not create a forfeiture of or vacancy in the office or 
position to which such officer was elected or appointed but shall be construed 
merely to create a temporary vacancy. Wherever the terms "forfeiture of of- 
fice" or "vacancy in office" or other words of similar import are used in any 
law of this State in relation to an officer they shall be construed in accordance 
with the provisions of this chapter and shall not be construed to apply to any 
absence of such officer who is absent from his office or position by reason of 
his being in the military service. An officer who is present at and able to 
perform the duties of his office shall not be considered absent within the mean- 
ing of this section. 

1942 Code §3075-1; 1941 (42) 313. 

This section relates to officers having Inapplicability of section to city employee 

definite terms of office lixed by law. New- appointed by city council. — Newman v. Mc- 

man v. McCullough, 212 S. C. 17, 46 S. E. Cullough, 212 S. C. 17, 46 S. E. (2d) 252 

(2d) 252 (1948). (1948). 

§ 50-153. Appointment of person to fill such temporary vacancy; terms. 

In case a temporary vacancy is created in any office or position by reason 
of the absence of the officer in the military service the appointive authority 
shall appoint some person to fill temporarily the office or position to which 
such officer was elected or appointed. All such appointees shall hold the office 
or position which they are temporarily to fill during the absence of the officer 
in the military service or until the expiration of the term for which such 
officer in the military service was elected or appointed, whichever period of 
time is the shorter. 

1942 Code § 3075-1; 1941 (42) 313. 

§ 50-154. Duties, powers and pay of such temporary appointee. 

The person appointed in accordance with the provisions of this chapter 

252 



§ 50-155 Officers and Employees § 50-201 

to fill temporarily any office or position shall have and may exercise all the 
rights, powers, authority and jurisdiction and shall perform the duties vested 
in or required by law of the officer whose office or position such person is so 
appointed to fill temporarily and shall receive the same salary, fees, expenses 
or other compensation as such officer would be entitled to receive. 
1942 Code § 3075-1; 1941 (42) 313. 

§ 50-155. Qualifications and bond of such appointee. 

Every person who shall be appointed to fill temporarily any office or posi- 
tion shall possess the qualifications prescribed by law, if any, for the regular 
holder of such office or position. If a bond be required by law of the regular 
holder of such office or position then such person so appointed shall give bond 
in the manner and in the amount so prescribed by law and shall be liable 
thereon in like manner as the regular holder of the office. 

1942 Code § 3075-1; 1941 (42) 313. 

§ 50-156. Bond waived during military absence. 

Any officer temporarily in the military service shall not be required to be 
under bond during the period of such absence. 

1943 (43) 250. 

§ 50-157. Compensation of officer in military service ; resumption of office. 

An officer who shall be absent from his office or position in the military 
service shall not be entitled to any compensation as such officer during such 
absence, but upon his return, if he return before the expiration of the term 
for which he was elected or appointed, after thirty days' notice, in writing, 
he shall be entitled to possession of the office or position from which he was 
absent and upon reassuming the duties of the office to receive the compensa- 
tion for the remainder of the term to which the holder thereof is entitled. 

1942 Code § 3075-1; 1941 (42) 313. 



CHAPTER 5. 

Delivery of Books, Records amd Moneys to Successor. 

Sec. Sec. 

50-201. Delivery of books and papers to 50-204. Same; on death of officer. 

successor. 50-205. Suspension of officer charged with 
50-202. Remedy for failure so to do. embezzlement, etc.; removal upon 

50-203. Delivery of moneys on hand to sue- conviction. 

cessors. 

§ 50-201. Delivery of books and papers to successor. 

Whenever any person shall be removed from office or the term for which 
he shall have been elected or appointed shall expire he shall, on demand, 
deliver over to his successor all the books and papers in his custody as such 

253 



§ 50-202 Code of Laws of South Carolina § 50-203 

officer or in any way appertaining to his office. Every person violating this 
provision shall be deemed guilty of a misdemeanor. 

1942 Code §837; 1932 Code §837; Civ. P. '22 §785; Civ. P. '12 §472; Civ. P. '02 §434; 
1870 (14) 453. 

§ 50-202. Remedy for failure so to do. 

If any person appointed or elected to any office shall die or his office shall 
in any way become vacant and any books or papers belonging or appertain- 
ing to such office shall come to the hands of any person, the successor to 
such office may, in like manner as prescribed in § 10-2263, demand such books 
or papers from the person having them in his possession. And if such books 
or papers are withheld an order may be obtained and the person charged may, 
in like manner as provided in § 10-2264, make oath of the delivery of all such 
books and papers that ever came to his possession and, in case of omission to 
make such oath and to deliver up the books and papers so demanded, such 
person may be committed to jail and a search warrant may be issued and the 
property seized by virtue thereof may be delivered to the complainant, as pre- 
scribed in § 10-2264. 

1942 Code §837; 1932 Code §837; Civ. P. '22 §785; Civ. P. '12 §472; Civ. P. '02 §434; 
1780 (14) 453. 

§ 50-203. Delivery of moneys on hand to successors. 

Every State or county officer entrusted with funds by virtue of his office 
upon retiring from office shall turn over to his successor all moneys received 
by him as such officer and remaining in his hands as such officer, within thirty 
days from the time when his successor shall have entered upon the duties of 
his office, in the same manner as he is required by law to turn over the fur- 
niture, books and papers. The successor shall receive and be responsible for 
the moneys so turned over to him in the same manner as he is liable for other 
moneys received by him officially. Any public officer neglecting or refusing 
obedience to the requisition herein contained shall be guilty of a misde- 
meanor and, upon conviction, shall be liable to a fine of one thousand dollars 
and imprisonment not exceeding twelve months, besides his liability on his 
official bond, at the suit of any person aggrieved by such neglect. 

1942 Code §§ 1524, 3069; 1932 Code §§ 1524, 3069; Civ. C. '22 §756; Cr. C. '22 §471; Civ. 
C. '12 § 674; Cr. C. '12 § 544; Civ. C. '02 § 605; Cr. C. '02 § 387; G. S. 457, 779; R. S. 304, 
523; 1874 (15) 674; 1885 (19) 158; 1904 (24) 375. 

Cross reference. — As to responsibility of State v. Maryland Cas. Co., 189 S. C. 405, 
judge for books and property of office, see 1 S. E. (2d) 516 (1939). 
§ 15-490. Statements and settlements are not con- 
Officer is presumed to have performed elusive and are open to correction of errors 
duties. — While this section has reference to negligently or fraudulently made; but where 
all moneys in the hands of outgoing treas- no improper conduct is charged against an 
urers, yet the presumption is that the out- officer, he is entitled to all of the informa- 
going treasurer has performed his duties, tion that could possibly throw light upon 
especially those made mandatory by another the issue of irregularity or negligence or 
statute, and that he would have in hand of proof of damage. Pickens County v. Hin- 
State's money only that collected within ton, 15S S. C. 465, 155 S. E. 8S1 (1930). 
fifteen days prior to his going out of office. 

254 



§ 50-204 



Officers axd Employees 



50-205 



This section covers funds officers should 
have. — This section applies not only to 
money actually in the hands of an officer 
at the end of his term, but money which 
ought to be in his hands as such officer. 
State v. Assmann, 46 S. C. 554, 24 S. E. 
673 (1896). 

It applies to masters. — Masters are in- 
cluded under the provisions of this section. 
Peake v. Young, 40 S. C. 41, IS S. E. 237 
(1893). 

And officers holding over without quali- 
fication. — A county treasurer held over for 
another term without qualification, held 
office until qualification of his successor, 
and was within this section, making it a 
crime to fail to pay over moneys to succes- 
sor. State v. Mason, 118 S. C. 171, 110 S. E. 
128 (1921). 

As well as penitentiary superintendent. — 
Section embraces superintendent of peniten- 
tiary. State v. Xeal, 59 S. C. 259, 37 S. E. 
826 (1901). 

No demand for moneys is necessary for 
conviction.— Under this section, it is not 
necessary to prove a demand on the out- 
going officer by his successor for such 
mone3's before a conviction can be had. 
State v. Assmann, 46 S. C. 554, 24 S. E. 673 
(1896). 

And motive for offense is immaterial. — 



The offense under this section consists in 
the omission to perform an official duty, and 
the motive and intent with which such of- 
fense is committed is immaterial. State v. 
Assmann, 46 S. C. 554, 24 S. E. 673 (1896). 
See also, State v. Moore, 12S S. C. 192, 
122 S. E. 672 (1924). 

Words sufficient far indictment. — While 
it is preferable to follow the words of 
this section, equivalent words are sufficient 
to support the indictment thereunder. State 
v. Assmann, 46 S. C. 554, 24 S. E. 673 
(1896). 

Failure to turn over money is sufficient 
charge. — An indictment which charges that 
a clerk of the court for a certain county 
"failed" to turn over to his successor money 
received by him as clerk is sufficient under 
this section. State v. Assmann, 46 S. C. 554, 
24 S. E. 673 (1896). 

Without alleging failure to turn over all 
moneys. — An indictment under this section 
charging a clerk -of the court with neglect- 
ing to turn over to his successor in office 
a certain sum of money received by defend- 
ant from a particular estate is sufficient 
without alleging neglect to turn over all 
moneys in his hands as clerk. State v. 
Assmann, 46 S. C. 554, 24 S. E. 673 (1896). 

Cited in Fleming v. McLure, 171 S. C. 
147, 171 S. E. 804 (1933). 



§ 50-204. Same ; on death of officer. 

Upon the death of any State or county officer entrusted with funds by virtue 
of his office, his personal representative shall pay over to the successor of 
such deceased officer all moneys which such deceased officer had in his hands 
officially at the time of his death within two months after he shall have as- 
sumed the administration of such estate. Upon his neglect or failure to do 
so, without good cause, the estate of such deceased officer and the sureties on 
his official bond shall be liable to pay to such successor the amount due, with 
interest at the rate of five per cent per month thereon, after the expiration of 
such term of two months, to be recovered by action brought by such suc- 
cessor for the benefit of the parties entitled to receive such money. 

1942 Code § 3069; 1932 Code § 3069; Civ. C. '22 § 756; Civ. C. '12 § 674; Civ. C. '02 § 605; 
G. S. 457; R. S. 523; 1874 (15) 674; 1SS5 (19) 15S; 1904 (24) 375. 



§ 50-205. Suspension of officer charged with embezzlement, etc.; removal upon 
conviction. 
Whenever it shall be brought to the notice of the Governor by affidavit 
that any officer who has the custody of public or trust funds is probably 
guilty of embezzlement or the appropriation of public or trust funds to pri- 
vate use then the Governor shall direct his immediate prosecution by the 
proper officer and, upon true bill found, the Governor shall suspend such 
officer and appoint one in his stead until he shall have been acquitted by the 

255 



§ 50-205 Code of Laws of South Carolina § 50-205 

verdict of a jury. In case of conviction the office shall be declared vacant 

and the vacancy filled as may be provided by law. 

1942 Code § 985; 1932 Code § 985; Cr. P. '22 § 76; Cr. C. '12 § 546; Cr. C. '02 § 389; G. S. 
2556; R. S. 306; 1896 (22) 312. 



256 



Title 51. 
Parks and Playgrounds.* 

Chap. 1. State Parks, §§51-1 to 51-9. 

2. Blank. 

3. Provisions Relating Only to Municipalities, §§ 51-101 to 51-105. 

4. Provisions Relating to Particular Political Subdivisions, §§ 51-151 

to 51-403. 



CHAPTER 1. 

State Parks. 

Sec. Sec. 

51-1. Forestry commission to control and 51-5. General powers of Commission. 

maintain State parks. 51-6. Use of unobligated funds to develop 

51-2. Acquisition of land authorized. lands; sale of products. 

51-3. Rules and regulations for protection, 51-7. Use of revenues of such lands. 

operation, etc., of State parks. 51-S. Obligations of Commission payable 

51-4. Commission may sell, exchange or only from revenues. 

lease lands. 51-9. Defacement, etc., of State park. 

§ 51-1. Forestry commission to control and maintain State parks. 

The State Commission of Forestry may control, supervise, maintain and 
wherever practicable, improve all parks belonging to the State for general 
recreational and educational purposes. 

1942 Code §3284-2; 1934 (38) 1542. 

§ 51-2. Acquisition of land authorized. 

The State Commission of Forestry may accept gifts, donations and contri- 
butions of land suitable for park purposes and enter into agreements with 
the Federal Government or other agencies for acquiring by lease, purchase or 
otherwise such lands as in the judgment of the Commission are desirable for 
State parks. 

1942 Code §3284-3; 1935 (39) 150, 1214; 1941 (42) 1314. 

*As to conveyance of public lands of the State, see S. C. Const., Art. 3, §31. As to 
amusements and athletics generally, see Title 5. As to fish, game and wildlife generally, 
see Title 28. As to forestry generally, see Title 29. As to waters and watercourses in 
general, see Title 70. As to construction or establishment of parks and playgrounds by 
State Research, Planning and Development Board, see § 9-310. As to acquisition of 
real estate to promote places of general recreation, see § 29-14. As to driveways and roads 
in State parks, see § 33-74. As to deputy sheriffs for parks and other places of amuse- 
ment, see §§ 53-131 to 53-135 . 

[5 SC Code] — 17 257 



§51-3 Code of Laws of South Carolina §51-9 

§ 51-3. Rules and regulations for protection, operation, etc., of State parks. 

The State Commission of Forestry may make such rules and regulations 
as it deems advisable for the protection, preservation, operation, use and 
maintenance and for the most beneficial service to the general public of the 
State parks in this State and as may be necessary to carry out the purposes of 
this article. 

1942 Code §§3284-2, 3284-4; 1934 (38) 1542; 1937 (40) 569. 

§ 51-4. Commission may sell, exchange or lease lands. 

The State Commission of Forestry may sell, exchange or lease lands under 
its jurisdiction when in its judgment it is advantageous to the State to do so 
in the highest orderly development and management of State parks ; provided, 
however, that any such sale, lease or exchange shall not be contrary to the 
terms of any contract which it has entered into. 

1942 Code §3284-3; 1935 (39) 150, 1214; 1941 (42) 1314. 

§ 51-5. General powers of Commission. 

The Commission may in general do any and all things necessary and in- 
cident to the furtherance of the use to which such parks are dedicated. 

1942 Code § 3284-2; 1934 (38) 1542. 

§ 51-6. Use of unobligated funds to develop lands ; sale of products. 

When lands are acquired or leased under § 51-2 the State Commission of 
Forestry may make expenditures from any funds not otherwise obligated for 
the management, development and utilization of such areas and niay sell or 
otherwise dispose of products from such lands. 

1942 Code § 3284-3; 1935 (39) 150, 1214; 1941 (42) 1314. 

§51-7. Use of revenues of such lands. 

The revenues derived from such lands owned by the Commission shall be 
segregated by the State Treasurer for the use of the Commission in the ac- 
quisition, management and development and use of such lands until all obli- 
gations incurred have been paid in full. Fifty per cent of all net profits accru- 
ing from the administration of such lands shall be applicable for such purposes 
as the General Assembly may prescribe and fifty per cent shall be paid into 
the school fund of the county in which such lands are located. 

1942 Code § 3284-3; 1935 (39) 150, 1214; 1941 (42) 1314. 

§ 51-8. Obligations of Commission payable only from revenues. 

Obligations for the acquisition of land incurred by the State Commission 
of Forestry under the authority of this article shall be paid solely and ex- 
clusively from revenues derived from such lands and shall not impose any 
liability upon the general credit and taxing power of the State. 

1942 Code § 32S4-3; 1935 (39) 150, 1214; 1941 (42) 1314. 

§ 51-9. Defacement, etc., of State park. 

Any person who, (a) without permission of the State Commission of For- 

258 [5SCCode] 



§ 51-101 Parks and Playgrounds § 51-102 

estry, shall remove any shrub or tree or attempt so to do from any State park, 
(b) shall cut or mutilate any shrub or tree growing in any State park in this 
State without such permission, (c) shall mutilate or deface any property, real 
or personal, upon any State park or (d) shall destroy scenic values by dump- 
ing rubbish within the confines of any State park or in any other way what- 
soever shall be guilty of a misdemeanor and, upon conviction, shall be pun- 
ished by a fine of not more than one hundred dollars or imprisonment for not 
more than thirty days, within the discretion of the court. 

1942 Code 32S4-4; 1937 (40) 569. 



CHAPTER 2. 
Blank. 



CHAPTER 3. 
Provisions Relating Only to Municipalities.* 

Sec Sec. 

51-101. Golf courses. 51-104. Municipal regulations as to public 

51-102. Same; special provision for Beau- parks inside or outside limits. 

fort. 51-105. Violations; arrests. 

51-103. Same; lease of Walterboro golf 

course. 

§ 51-101. Golf courses. 

Any city or town in this State may construct, maintain and operate a mu- 
nicipal golf course or courses and for that purpose may acquire by purchase 
or gift such lands as may be necessary therefor. Any such golf course shall 
be operated on such terms and conditions and in such manner and such 
charges may be made for the use thereof as the city or town council may provide. 

1942 Code § 7270; 1932 Code § 7270; 1929 (36) 8. 

§ 51-102. Same ; special provision for Beaufort. 

The city council of the city of Beaufort may secure by purchase, condemna- 
tion, lease, gift or otherwise any land within or without the city, for the pur- 
pose of establishing and maintaining a golf course or courses and may secure 
the services of any person necessary to the operation thereof. The city council 
may enter into any agreement with the United States Government or any de- 
partment thereof and any corporation, association or person incident to the es- 
tablishment, maintaining and operation of any golf course in Beaufort or its 
vicinity. 

1942 Code § 7675-8; 1932 (37) 1462. 



* As to certain cities over forty-five thousand which may hold land for parks, see § 47-408. 

259 



§ 51-103 Code of Laws of South Carolina § 51-105 

§ 51-103. Same ; lease of Walterboro golf course. 

The town of Walterboro may lease, upon such terms as to it may seem prop- 
er, its municipal golf course, to be operated by the lessee without any liability 
growing out of such operation upon the town. 

1942 Code § 7675-58; 1942 (42) 1435. 

§ 51-104. Municipal regulations as to public parks inside or outside limits. 

Municipalities may make, ordain and establish all necessary and proper 
rules and police regulations for the protection of property and the preserva- 
tion of peace, order and propriety of conduct in all public parks owned and 
maintained by any such municipality, whether situated wholly within or 
wholly without, or partly within and partly without, the corporate limits of 
such municipality. Such rules and regulations shall have, within the limits 
of any such parks, like force and effect as though such parks were situated 
wholly within the corporate limits of such municipality. Such municipalities 
may prescribe punishment by imprisonment for a period not exceeding thirty 
days or a fine not exceeding one hundred dollars for violation of any such rules 
and regulations. 

1942 Code § 7387; 1932 Code § 7387; 1924 (33) 1079. 

§51-105. Violations ; arrests. 

The municipal courts of such municipalities shall have jurisdiction of all 
offenses against such rules and regulations and all offenders against them 
shall be subject to arrest and detention by the police officers of such munici- 
palities in the same manner and to the same extent as in cases of violation of 
municipal ordinances within the corporate limits of such municipalities. 

1942 Code §7388; 1932 Code §7388; 1924 (33) 1079. 



CHAPTER 4. 
Provisions Relating to Particular Political Subdivisions. 

Article 1. Article 3. 

Cities Between 7,200 and 7,500, Cities of Over Fifty Thousand. 

1920 Census. c 

oec. 

Sec 51-171. Acquisition of property for parks, 

51-151. Acquisition of lands. athletic grounds, etc. 

51-152. Park commissions. 51-172. Creation of corporations to own 

51-153. Officers of commission. such property. 

51-154. Annual report of commission. 51-173. Municipal stockholder not liable for 

debts of corporation. 

Article 2. 51-174. Properties exempt from taxation. 

Municipalities Between 35,000 and 45,000, Article 4. 

1920 Census. „ . _ . „ , 

Use of Certain Parks, etc., by White and 

51-161. Trees and park recreation boards. Colored Races Jointly Prohibited. 

260 



Parks and Playgrounds 



Sec. 
51-181. Joint use prohibited in cities over 

60,000, 1930 census. 
51-182. Posting of signs required. 
51-183. Unlawful to use contrary to posting. 
51-184. Penalties. 

Article 5. 

Abbeville Recreation Commission. 

51-191. Created. 

51-192. Personnel; terms; vacancies. 
51-193. Officers and meetings. 
51-194. Bylaws, rules and regulations. 
51-195. Superintendent of recreation; addi- 
tional personnel. 
51-196. Duties of commission. 
51-197. Obligations; taxes for program. 
51-198. Reports; fiscal year. 

Article 6. 



The Broadaway Lake Commission, 
Anderson County. 

51-211. Creation and appointment. 

51-212. Compensation. 

51-213. Officers and meetings. 

51-214. Majority may act. 

51-215. General powers and duties of com- 
mission. 

51-216. Rules for use and enjoyment of 
lake; regulation of sanitary con- 
ditions. 

51-217. Filing of rules and regulations re- 
quired; effect of failure so to do. 

51-218. Acquisition of property. 

51-219. Construction of walk-way around 
lake. 

51-220. Obstruction or use of forty-foot 
right of way around lake. 

51-221. Building, fence, etc., on right of way 
around lake; exception for boat 
houses or walks. 

51-222. Blank. 

51-223. Commercial enterprises; license. 

51-224. Fishing; license. 

51-225. Sale of licenses to fish; exemptions. 

51-226. Fishing in county streams feeding 
lake or in lake with artificial 
lights. 

51-227. Duck and game sanctuary; hunting 
prohibited. 

51-228. License to operate boat; rates. 

51-229. Operation of motor boats; boat 
races. 

51-230. Employment of patrolman; juris- 
diction. 

51-231. Sheriff and deputies to cooperate 
with patrolman. 

51-232. Game warden to cooperate. 

51-233. Funds for payment of expenses. 

51-234. Semiannual reports of commission. 

261 



Sec. 
51-235. Liability of Anderson County. 
51-236. General penalty provisions. 

Article 6.1. 

Sweetwater Country Club, Barnwell 
County, 

51-238. Authorization to sell leased lots. 

Article 7. 
Hunting Island, Beaufort County. 

51-241. Commission of Forestry to develop. 

51-242. Residential areas; leases; covenants 
in leases. 

51-243. Streets and roads; water system. 

51-244. Recreation centers and camping 
areas. 

51-245. Issue of revenue obligations. 

51-246. Terms of such obligations. 

51-247. Payment of such obligations. 

51-248. Additional rights of holders of ob- 
ligations. 

51-249. Obligations exempt from taxes. 

51-250. Such obligations not debts of State. 

51-251. Rates and rentals; use of surplus. 



Article 8. 

Cooper River Park and Play- 
ground Commission. 

51-261. Creation and territorial jurisdiction. 

51-262. Members and terms. 

51-263. General powers. 

51-264. Powers and duties with respect to 

parks and playgrounds. 
51-265. Rules and regulations; penalties. 
51-266. Acquisition of grants, property, etc. 
51-267. Property exempt from taxation. 
51-268. Tax for support of commission's 

activities. 

Article 9. 

St. Andrews Parish Play- 
ground Commission. 

51-281. Creation. 

51-282. Members; appointment, term and 

vacancies. 
51-283. General powers. 
51-284. Property exempt from taxes. 

Article 10. 
Sullivan's Island. 

51-291. Rights of holders of licenses to use 

lots on Island. 
51-292. Mortgages and foreclosure thereof. 
51-293. Dower and curtesy. 
51-293.1. Term and license of transferees. 



Code of Laws of South Carolina 



Sec 

51-293.2. Board of township commissioners 

may grant leases; renewals and 

extensions. 
51-294. Building more than one dwelling 

per lot in Moultrieville. 
51-295. Definition of dwelling house. 
51-296. Buildings standing January 1 1942 

lawful. 
51-297. Connection of houses prohibited. 
51-298. Conversion of outbuildings into 

apartments, etc.; servant quarters. 
51-299. Rebuilding after destruction of 

house. 
51-300. Additional tax on lots with more 

than one dwelling. 
51-301. Commercial buildings in certain 

area. 
51-302. Commercial buildings outside such 

area. 
51-303. Approval of plans; removal of nui- 
sances, etc. 

Article 11. 

Colleton County Landings and Rec- 
reational Grounds. 

51-311. Acquisition. 

51-312. Use of such landings and grounds. 
51-313. Cooperation with Federal Govern- 
ment. 

Article 12. 

Dillon County Fish, Forestry, Game and 
Recreation Commission. 

51-321. Members; appointment and term. 

51-322. Duties. 

51-323. Condemnation proceedings. 

Article 13. 
Bethel Park Commission, Fairfield County. 

51-331. Created. 

51-332. Commissioners. 

51-333. Duties and powers. 

51-334. Issue and enforce rules and regu- 
lations. 

51-335. Admission fee. 

51-336. License to fish; fishing on Sundays 
prohibited. 

51-337. Police officer. 

Article 14. 
Florence County Recreation Board. 

51-341. Creation: number and compensation 

of members. 
51-342. Appointment and terms of office 

of members. 
51-343. Disqualifications for membership. 
51-344. Organization and meetings. 
51-345. Removal of members of board. 



Sec. 

51-346. Director. 

51-347. Additional powers may be con- 
ferred. 

51-343. Gifts and loans. 

51-349. Members not to be interested in 
contracts. 

51-330. Recreation fund; disbursements 
therefrom. 

51-350.1. Power to contract debts, etc. 

51-350.2. Annual report and recommenda- 
tions. 

Article 15. 

Greenwood Recreation District 
and Commission. 

51-351. Establishment of the Greenwood 
recreation district. 

51-352. Creation of commission and mem- 
bership. 

51-353. Appointment and terms. 

51-354. General function and duties. 

51-355. Additional powers. 

Article 16. 
Jasper County Recreational Committee. 

51-356. Establishment and duties. 

Article 17. 

Kershaw County Recreational Board. 

51-357. Establishment. 

51-358. Appointment; term. 

51-359. Board to provide recreational areas. 

Article 18. 

Lancaster County. 

51-361. Park and Playground Commission. 

51-362. Members. 

51-363. General duties of commission. 

Article 19. 

Laurens County. 

51-371. Park and recreational facilities near 
Buzzard Roost Lake. 

Article 20. 
Lee County Park Commission. 

51-3S1. Appointment of commissioners. 

51-382. Term and vacancies. 

51-383. Organization; rules and regula- 
tions; records. 

51-3S4. Construction, control, etc., of county 
park. 

51-385. County not to pay for park or com- 
mission. 

51-386. Policing park. 






262 






§ 51-151 Parks and Playgrounds § 51-154 

Article 21. Article 22. 

Newberry County Park Commission. Fort Watson Memorial. 
Sec. Sec. 

51-391. Creation and membership. 51-401. Forestry Commission to acquire 

51-392. Duties. lands in area of Fort Watson. 

51-402. Designation of property. 

51-403. Protection and maintenance. 

Article 1. 
Cities Betzvecn 7,200 and 7,500, 1920 Census. 

§51-151. Acquisition of lands. 

Every municipal corporation in this State having a population of between 
seven thousand two hundred and seven thousand five hundred according to 
the United States census of 1920 may purchase, lease or otherwise acquire 
or may condemn, take and use any lands that may be desired for a park, 
whether such lands be within or without its corporate limits, and may create, 
establish and maintain thereon one or more parks within or adjacent to the 
corporate limits of the municipality. If the owner of any land desired for 
the purpose aforesaid fails or refuses to sell or lease or permit the town to 
acquire or have such lands the city or town council may condemn and take 
such land in the manner prescribed by article 4 of chapter 3 of Title 59. 

1942 Code § 7528; 1932 Code § 7528; 1927 (35) 239. 

§51-152. Park commissions. 

A park commission, consisting of five members elected by the city or town 
council of any such city or town, may be created for the purpose of properly 
using, keeping, landscaping, cultivating, beautifying and maintaining any such 
park with authority to employ and control all help and laborers and other 
persons whose services are needed for the purposes aforesaid and to expend 
such amounts as may be appropriated therefor, from time to time, by the 
city or town council or that may be donated or received from other sources. 
The term of office of each of such commissioners, except those first elected, 
shall be ten years and the members first elected shall determine by lot the 
term of office of each, so that they shall serve respectively for two, four, six, 
eight and ten years and until their successors are elected and qualify. 

1942 Code § 7528; 1932 Code § 7528; 1927 (35) 239. 

§ 51-153. Officers of commission. 

The commission shall elect from its members a chairman and shall also elect 
a secretary and treasurer. But the offices of chairman and treasurer or sec- 
retary and treasurer may be united in one person. 

1942 Code § 7528; 1932 Code § 7528; 1927 (35) 239. 

§ 51-154. Annua] report of commission. 

The commission shall make a full report of its acts and doings to the city 
or town council annually and shall render an itemized statement showing all 

263 



§ 51-161 Code of Laws of South Carolina § 51-174 

moneys received and expended, together with the purposes for which all ex- 
penditures are made. 

1942 Code § 7528; 1932 Code § 7528; 1927 (35) 239. 

Article 2. 
Municipalities Between 35,000 and 45,000, 1920 Census. 

§ 51-161. Tree and park recreation boards. 

Any municipality in this State having a population of more than thirty-five 
thousand and less than forty-five thousand according to the United States cen- 
sus of 1920 may establish and create by ordinance a tree and park recreation 
board having such members, rights, powers and duties as the city council of 
any such city may by ordinance define and establish. 

1942 Code § 7549-1; 1932 Code § 7386; 1930 (36) 1326. 

Article 3. 
Cities of Over 50,000. 

§ 51-171. Acquisition of property for parks, athletic grounds, etc. 

All cities of more than fifty thousand inhabitants, as determined by the 
most recent United States census, may own, buy or receive donations of lands 
and properties within the city limits, or within five miles of the corporate 
limits of any such city, to be used by the city for the purpose of creating and 
maintaining parks, playgrounds, athletic grounds or stadiums. 

1942 Code § 7553; 1933 (38) 295. 

§ 51-172. Creation of corporations to own such property. 

Any such city or municipality may create corporations, own stock therein 
and name directors and officers for the management thereof, for the purpose 
of having the corporations acquire properties in like manner as provided in 
§ 51-171 for the uses set out therein. The Secretary of State may issue charters 
for such corporations just as charters are now issued for business corporations 
and such corporations when formed shall have the powers of usual business 
corporations, with special authority to buy, sell, own, lease or mortgage the 
real and personal property so acquired. 

1942 Code § 7553; 1933 (38) 295. 

§ 51-173. Municipal stockholder not liable for debts of corporation. 

No city or municipality creating such a corporation or owning the stock 
therein shall be liable for any act of such corporation or for the debts or obli- 
gations thereof, nor shall such city or municipality be liable for any act of 
any officer or director of any such corporation or any of them or of any agent 
thereof. 

1942 Code § 7553; 1933 (38) 295. 

§ 51-174. Properties exempt from taxation. 

For tax purposes these properties, whether owned by the municipality or 

264 



§ 51-181 Parks and Playgrounds § 51-191 

by a corporation created by the municipality, shall be considered just as other 
municipal property. 

1942 Code §7553; 1933 (38) 295. 

Article 4. 

Use of Certain Parks, etc., by White and Colored Races Jointly Prohibited. 

§ 51-181. Joint use prohibited in cities over 60,000, 1930 census. 

In all counties containing a city of a population in excess of sixty thousand, 
according to the 1930 United States Census, it shall be unlawful to maintain 
public parks, public recreation centers, public amusement centers or public 
bathing beaches for the joint use and enjoyment of both the white and the 
colored races. 

1942 Code § 9316; 1934 (38) 1536. 

§51-182. Posting of signs required. 

Each such park, recreation center, amusement place, amusement center and 
bathing beach shall be publicly posted and designated- by signs at the entrance 
to show whether it is dedicated and maintained for the use and enjoyment of 
the white or the colored race, as the case may be. 

1942 Code § 9316; 1934 (38) 1536. 

§ 51-183. Unlawful to use contrary to posting. 

It shall be unlawful for any person of the white race to enter, use or attempt 
to use any such place which is duly posted to be dedicated and maintained for 
the use of the colored race and it shall be unlawful for any person of the 
colored race to enter, use or attempt to use any such place which is duly posted 
to be dedicated and maintained for the use of the white race, except that the 
provisions hereof shall not apply to domestic servants accompanying their 
employers in the course of their employment, nor shall it apply to nurses ac- 
companying the children of the opposite race in their charge, nor to employees 
of such places. 

1942 Code § 9316; 1934 (38) 1536. 

§ 51-184. Penalties. 

Any person violating any of the provisions of this article shall be guilty 
of a misdemeanor and upon conviction thereof shall be punished by a fine 
of not less than ten dollars, nor more than one hundred' dollars, or imprison- 
ment for not less than ten days nor more than thirty days. 

1942 Code § 9316; 1934 (38) 1536. 

Article 5. 
Abbeville Recreation Commission. 

§51-191. Created. 

There is hereby created a commission to be known as the Abbeville Recrea- 
tion Commission of the city of Abbeville, South Carolina. 

1948 (45) 1656. 

265 



§51-192 Code of Laws of South Carolina §51-197 

§ 51-192. Personnel; terms; vacancies. 

The commission shall he composed of seven members, serving without pay. 
The original members of the commission having been appointed one for five 
years, one for four years, two for three years, two for two years and one for 
one year, their successors have been and shall hereafter be elected by the re- 
maining members of the commission by majority vote for a term of five years, 
except that if a vacancy occurs by reason of death, resignation or other causes 
before the expiration of a term, the vacancy shall be filled in like manner by 
the commission but only for the unexpired term. 

1948 (45) 1656. 

§ 51-193. Officers and meetings. 

The members shall elect one of their members chairman and such other 
officers as to the majority of the commission may seem necessary or wise. 
The superintendent of recreation, when chosen by the commission, shall serve 
as its executive officer and secretary. The commission shall hold regular 
meetings at such time and place as may be fixed by it. 

1948 (45) 1656. 

§ 51-194. Bylaws, rules and regulations. 

The commission may make bylaws, rules and regulations, not inconsistent 
with the laws of the State, for the proper conduct of such recreation program 
in the city of Abbeville as to the members may seem wise. 

1948 (45) 1656. 

§ 51-195. Superintendent of recreation ; additional personnel. 

The commission may appoint or designate a superintendent of recreation, 
who shall have the qualifications, training and experience to develop and ad- 
minister a coordinated program of recreation within the limits of the city of 
Abbeville. There shall be other trained and qualified persons necessary to 
conduct the program such as may be determined by the commission. 

1948 (45) 1656. 

§51-196. Duties of commission. 

The commission shall provide, conduct and supervise playgrounds, athletic 
fields, recreation centers and other recreation facilities and activities on any 
of the property owned by it or under its control by gift, purchase, lease or 
otherwise. The commission shall create policies for, have authority over 
and administer a coordinated recreation service and may cooperate with 
other similar local, State or Federal authorities. 

1948 (45) 1656. 

§ 51-197. Obligations; taxes for program. 

The commission shall have no right or authority whatsoever to obligate 
or incur any liability on the part of the city of Abbeville whatsoever, except 
such as may be given by vote of the city council. There is, however, hereby 
levied an annual tax of five mills on all taxable property of the city, to be 

266 



§51-198 Parks and Playgrounds §51-215 

collected as other city taxes are collected by the city treasurer. Such taxes 
shall be earmarked "Abbeville Recreation Commission" and when collected 
shall be turned over to it by the city treasurer upon request of the commission 
signed by its president, treasurer and secretary, to be used solely for the 
advancement of the recreational program adopted by the commission with- 
in the city and as in the discretion of the commission may seem wise. 
1948 (45) 1656. 

§ 51-198. Reports ; fiscal year. 

The commission shall make full and complete semi-annual report on July 
1st and January 1st of each year, showing all moneys received, from what 
source and how disbursed and file a copy thereof with the city clerk and 
treasurer to be open to the inspection of any interested citizen of Abbeville. 
The fiscal year shall conform to that of the city. 

194S (45) 1656. 

Article 6. 
The Broadaway Lake Commission, Anderson County. 

§ 51-211. Creation and appointment. 

There is hereby created a commission in Anderson County to be known as 
The Broadaway Lake Commission, composed of five members, residing 
in said county, who shall, upon the recommendation of a majority of the 
county legislative delegation, be appointed by the Governor for a term of 
two years and until their successors shall have been appointed and qualified. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-212. Compensation. 

The members of such commission shall serve without pay, except that each 
member shall be paid a per diem for each meeting attended, not to exceed 
twelve meetings during any one calendar year. 

1942 Code § 1797; 1941 (42) 231; 1951 (47) 506. 

§51-213. Officers and meetings. 

The members of the commission shall annually elect one of their number 
as chairman and the commission shall meet at such times and places as the 
chairman, or a majority of the members thereof, may designate. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-214. Majority may act. 

In all matters before the commission the acts and doings of the majority 
thereof shall be construed to be the acts and doings of the commission. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-215. General powers and duties of commission. 

The commission shall have the management and control of Broadaway 
Lake in Anderson County, the park areas in and near said lake and all property, 

267 



§ 51-216 Code of Laws of South Carolina § 51-218 

right of ways and easements owned by the county by virtue of and in con- 
nection with the establishment, operation, management and control of said 
lake. The commission, with the aid of the supervisor of said county, shall 
as far as practicable develop and improve the public park, park areas, beaches 
and camping ground of said county at or near said lake. Such park shall 
be clearly marked and kept in a clean and sanitary condition for the con- 
venience of the public. The commission shall as far as practicable build, 
erect and maintain fishing piers at such lake, park, beaches and camping 
ground. 

1942 Code § 1797; 1941 (42) 231; 1950 (46) 1992. 

§51-216. Rules for use and enjoyment of lake; regulation of sanitary condi- 
tions. 

The commission may make rules and regulations governing and con- 
cerning the lake, the use of the waters thereof, the park areas, the county 
property thereat, the assemblage of people thereat and all other matters per- 
taining to the use and enjoyment of the Broadaway Lake project by the people 
of the county and adjoining territories to the end that such project may be 
used and enjoyed by such people in the most advantageous way to the hap- 
piness, welfare and health of such people and the commission may pre- 
scribe for the lake and territory adjacent thereto and drainage therein the 
types of toilets that may be used and may forbid pig pens or any other thing 
which would tend to pollute the waters of the lake or be injurious to the 
health or comfort of the community. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-217. Filing of rules and regulations required; effect of failure so to do. 

The rules and regulations made, promulgated and adopted by the commis- 
sion shall be written and a copy of them shall be filed in the office of clerk 
of court for said county for public inspection and no person shall be required 
to obey any such rules or regulations until a copy of them shall have been 
filed as aforesaid, except that this stipulation shall not apply to or have the 
effect of saving any person from prosecution for fishing or operating a boat 
on the waters of said lake without obtaining a license so to do or in a manner 
contrary to the provisions set out in this article. 

1942 Code § 1797; 1941 (42) 231. 

§51-218. Acquisition of property. 

The commission may purchase, lease, condemn and otherwise acquire, take 
and use any real estate which may be desired for the bed of the lake, shore 
line or park adjacent to the lake or for any other purpose found desirable 
in creating the lake and adjacent park areas as contemplated by this article. 
Condemnation of any such real estate shall be in the manner prescribed by 
article 4 of chapter 3 of Title 59. 

1942 Code § 1797; 1941 (42) 231. 

268 



§51-219 Parks and Playgrounds §51-223 

§ 51-219. Construction of walk-way around lake. 

The commission shall, as far as is practicable, with the aid of the super- 
visor of said county, construct and maintain a five-foot walk-way around 
the entire lake within the forty-foot right of way and easement owned by 
said county. Such walk-way shall be as close to the water's edge as prac- 
ticable. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-220. Obstruction or use of forty-foot right of way around lake. 

It shall be unlawful for any person to obstruct the forty-foot right of way 
and easement owned by such county around said lake with any buildings, 
fences or in any other manner whatsoever without the permission of the 
commission. Any such permission by the commission shall be with the 
understanding that such permission may at any time be revoked and the 
person granted such permission required to remove such obstruction. Any 
permanent building erected on said forty-foot right of way or easement prior 
to May 20 1941 shall not be required to be removed and the five-foot walk- 
way required to be constructed pursuant to § 51-219 shall go around such 
buildings in the most direct manner. The entire forty-foot right of way and 
easement owned by said county may be used by the general public for pass- 
ing and repassing and for fishing, but shall not be used for camping purposes 
or picnics. 

1942 Code § 1797: 1941 (42) 231. 

§51-221. Building, fence, etc., on right of way around lake; exception for 
boat houses or walks. 
It shall be unlawful for any person to erect any building, fence or other 
obstruction on any part of the forty-foot easement and right of way of 
said county around said lake, except that any person with the consent of 
the commission may construct a walk or boat house extending over the 
water's edge into the lake, if such walk or boat house does not cover more 
than one third of the water frontage of the lot upon which it is erected. 
Such boat houses or walks when so constructed shall be the private property 
of the owner of the property upon which same are constructed. 

1942 Code § 1797; 1941 (42) 231. 
§51-222. Blank. 

§ 51-223. Commercial enterprises; license. 

The commission shall license any commercial enterprise which makes use 
directly or indirectly of the water, the parks or the county's right of way 
and it shall be unlawful for any one to operate any business enterprise with- 
out first obtaining such a license from the commission. The fee for such a 
license shall be such amount as the commission deems advisable and may 
be graduated on the volume of business done or on the public space taken 

269 



§ 51-224 Code of Laws of South Carolina § 51-226 

up and used by such business or in such other manner as the commission 
deems advisable. 

1942 Code § 1797; 1941 (42) 231. 

§51-224. Fishing; license. 

It shall be unlawful for any person to catch fish or attempt to catch fish 
in said lake, that is to say in any of the waters impounded by the erection of 
the dam known as Broadaway Lake dam, except in the manner herein pre- 
scribed. Fishing and attempting to catch fish in said lake shall be only with 
line and hook, pole, line and hook, reel, rod, line and hook and rod, line and 
hook, with bait attached to such hooks. Any person fishing or attempting 
to fish in said lake shall before so doing, if required by the commission, 
purchase a license so to do and while so fishing shall have prominently dis- 
played about his person a button, card or other insignia prescribed and fur- 
nished by the commission indicating that such person is licensed to fish in 
the manner and by the means, in which such person is fishing. Licenses se- 
cured for fishing in said lake shall be in lieu of all State and county licenses 
for such fishing. A person fishing in said lake shall not at any time, while 
so fishing, use more than four hooks for such fishing and all lines and poles 
used in such fishing shall at all times be within the vision of the person so 
fishing. 

1942 Code § 1797; 1941 (42) 231. 

§51-225. Sale of licenses to fish ; exemptions. 

The commission shall sell licenses to people desiring to fish in said lake. 
Such licenses shall be issued upon a calendar year basis and upon a person 
paying the license fee required the commission shall deliver to him a button, 
card or other insignia indicating that he has paid such license fee and the 
date upon which such license expires and shall keep a numbered receipt 
of the amount received therefor. The charge for such licenses shall be such 
as the commission deems advisable ; provided, however, that a license for fish- 
ing, when rod and reel is not used, shall not exceed one dollar per year and 
when a rod and reel is used such license shall not exceed two dollars per 
year. Any person securing a license issued during a calendar year which 
expires the following December 31st shall be charged the same as if such 
license was for the entire year except that the commission may issue a per 
diem license, which shall not be less than twenty-five cents or more than 
fifty cents per diem, and that the commission may, if it deems advisable, 
not require licenses for fishing in said lake when fishing is done with one pole, 
line and hook or one line and hook. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-226. Fishing in county streams feeding lake or in lake with artificial 

lights. 

It shall be unlawful for any person to catch fish or attempt to catch fish 

in any of the streams in said county which supply water to said lake in any 

manner other than by line and hook, pole, line and hook or rod, reel, line 

270 



§ 51-227 Parks and Playgrounds § 51-229 

and hook. And it shall be unlawful for any person in catching or in attempt- 
ing to catch fish from the waters of Broadaway Lake to use any electric light 
or other artificial light for the purpose of luring fish to any particular spot 
either directly or indirectly by bugs, flies or other insects being attracted to 
such light and falling into the waters of said lake. Any person violating the 
provisions of this section shall be punished as provided in § 51-236. 
1942 Code § 1797; 1941 (42) 231; 1945 (44) 301. 

§ 51-227. Duck and game sanctuary ; hunting prohibited. 

Broadaway Lake is hereby declared to be a duck and game sanctuary and no 
hunting shall be done thereon or in the vicinity thereof at any time. The 
commission shall designate the limits of such sanctuary. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-228. License to operate boat ; rates. 

No person shall operate a boat on the waters of said lake except in the 
manner herein prescribed and any person operating a boat for hire carrying 
passengers shall, before operating such boat, secure a license so to do. The 
licenses shall be issued upon a calendar year basis and any license obtained for 
a part of the year shall be at the same rate as the license for the entire year. 
The license fee shall be as the commission may deem advisable except that 
the license fee charged for the operation of boats for hire shall not be less 
than fifteen dollars per year for power driven boats and the license fee charged 
for all other boats used for hire shall not be more than five dollars per year. 
Any person operating any boat when it is not being operated for hire 
shall, before operating any boat, secure a license so to do. Such li- 
cense shall be issued upon a calendar year basis and any license ob- 
tained for a part of the year shall be at the same price as the license 
for the entire year. The license fee shall be such as the commission 
deems advisable, but not less than one dollar per year. The commission in 
licensing any boat under the provisions of this section shall give such boat 
a number and the operator of such boat, before operating it, shall have 
such number prominently displayed outside of such boat. Any person ac- 
quiring a boat upon which a license to operate upon said lake has been pro- 
cured shall become vested with the right to operate such boat in the same 
manner as the original licensee had. The commission may refuse to license 
any boat that it deems unsafe. "Boats" as used in this section shall be con- 
strued to mean any kind of conveyance that will carry one or more persons 
over the top of the water and "boats for hire" as used in this section shall 
mean any boat which for consideration is rented to a person for use upon 
the waters of said lake and any boat which carries upon the waters of said 
lake passengers who pay any consideration thereof. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-229. Operation of motor boats ; boat races. 

All motor boats used in the waters of said lake shall be operated with 
mufflers and it shall be unlawful to operate any motor on said waters with a 

271 



§51-230 Code of Laws of South Carolina §51-234 

cutout. But the commission may waive this provision during any race which 
the commission has approved and the commission may for the purpose of 
holding boat races designate a track or space on the waters of said lake and 
may for the duration of the race prohibit other craft from using or entering 
said space. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-230. Employment of patrolman ; jurisdiction. 

The commission may employ a patrolman and, upon doing so, the person 
so employed shall, as long as he remains so employed, possess all the powers, 
duties and authorities of a peace officer, with power to arrest and preserve 
order and peace in like manner as other peace officers. The jurisdiction 
of such patrolman and peace officer shall not be confined to the lake area, 
but shall extend from the Abbeville County line up and along Rocky River to 
Broadaway Creek, then up and along Broadaway Creek, including Broada- 
way Lake and then up and along all streams and tributaries emptying into 
Broadaway Creek and Broadaway Lake and he shall enforce all game and 
fish laws in such entire area. The commission may pay the patrolman such 
salary as it deems advisable. 

1942 Code § 1797; 1941 (42) 231; 1950 (46) 1992. 

§ 51-231. Sheriff and deputies to cooperate with patrolman. 

The sheriff of Anderson County and his deputies shall at all times cooperate 
with the patrolman of said lake in the maintenance of peace and order at 
and around said lake. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-232. Game warden to cooperate. 

The game warden of Anderson County shall cooperate with the commis- 
sion in the enforcement of the game laws of the State and of Anderson County 
on said lake. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-233. Funds for payment of expenses. 

The commission shall pay its expenses in carrying out the provisions of 
this article from funds that it may receive under the provisions of this 
article, together with any funds that may be furnished it by Anderson County 
through legislative enactment or otherwise. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-234. Semiannual reports of commission. 

At least once every six months the commission shall make a written re- 
port covering its receipts, expenditures and disbursements received and in- 
curred from the date of its preceding report. Such report when so made 
shall be filed with the clerk of the court of said county and kept by him where 
it may be publicly inspected. 

1942 Code § 1797; 1941 (42) 231. 

272 



§ 51-235 Parks and Playgrounds § 51-241 

§ 51-235. Liability of Anderson County. 

There shall be no liability on the part of Anderson County for any damage 
or injury to any person frequenting- Broadaway Lake or the property of 
the county which is a portion of the Broadaway Lake project. 

1942 Code § 1797; 1941 (42) 231. 

§ 51-236. General penalty provisions. 

Any person violating- any of the provisions of this article or violating any 
of the rules and regulations prescribed under the provisions of this article 
or prescribed under the provisions of any other law relative to Broadaway 
Lake shall be guilty of a misdemeanor and, upon conviction, be punished 
within the discretion of the court by a fine of not exceeding one hundred dol- 
lars or imprisonment not exceeding thirty days. In the event of any such vio- 
lation, each day of such violation shall be considered a separate offense. 

1942 Code § 1797; 1941 (42) 231; 1945 (44) 301. 

Article 6.1. 
Sweetwater Country Club, Barnwell County. 

§ 51-238. Authorization to sell leased lots. 

The Sweetwater Country Club and Golf Course through its duly constituted 
officers may rent, lease, sell or convey, for the period during which it has 
certain property under lease for a term of fifty years under a lease recorded 
in the office of the clerk of court of Barnwell County prior to May 14 1951, cer- 
tain lots for building purposes, lying south of State Highway No. 64 to a depth 
of 200 feet toward No. 8 fairway on said golf course and between the main 
gate of entry to the golf course and its western boundary. The governing body 
of the county and the proper officials of the Sweetwater Country Club and 
Golf Course shall execute such instruments as are necessary to carry out the 
intent of the provisions of this section. All sales or leases of lots by the Sweet- 
water Country Club and Golf Course shall be approved by the county legis- 
lative delegation. 

1951 (47) 911. 

Article 7. 

Hunting Island, Beaufort County. 

§ 51-241. Commission of Forestry to develop. 

The State Commission of Forestry may develop Hunting Island, in Beaufort 
County, as a pleasure and health resort primarily for the benefit of the citizens 
of this State. It may divide said island into areas and zones and may establish 
public camping sites, playgrounds and recreation centers. It shall have com- 
plete authority to regulate and prescribe the uses to which the island and its * 
respective zones and areas may be put. 

1942 Code § 3284-5; 1940 (41) 17S5. 



[5 SC Code] — 18 273 



§ 51-242 Code of Laws of South Carolina § 51-246 

§ 51-242. Residential areas ; leases ; covenants in leases. 

The Commission may set aside such portion of the island as it shall deem 
proper as a residential area. It may divide this area into building lots and may 
lease the lots for such terms of years, for such annual rentals and upon such 
conditions and covenants as the Commission may determine. Each lease shall 
contain suitable covenants requiring the lessee to erect and maintain, within 
such period of time as the Commission may prescribe, habitable dwellings 
of design and structure satisfactory to the Commission. Each lease shall 
contain provisions for the forfeiture of the rights of the lessee upon failure 
to pay the annual rentals and, upon a forfeiture, all dwellings and structures 
that may have been erected on any such lot shall become the absolute property 
of the Commission. The Commission may also require, in its discretion, 
further and additional covenants in all leases to insure proper use of the 
leased premises for purposes consistent with the proper development and 
maintenance of the residential area. Such leases shall be available to all 
applicants but preference, so far as possible, shall be given to citizens of this 
State. 

1942 Code § 32S4-5; 1940 (41) 17S5. 

§ 51-243. Streets and roads; water system. 

The Commission may construct and maintain streets and roads through- 
out the island and the residential area. It may also construct and operate a 
water supply system within the residental area and may establish rates and 
make charges for water furnished by the system. 

1942 Code § 32S4-5; 1940 (41) 1785. 

§ 51-244. Recreation centers and camping areas. 

The Commission may set aside such portion of the island as it deems proper 
for recreation centers, may establish camping areas and may provide suitable 
facilities for the proper development of those areas. Reasonable rates and 
charges may be made for the services and facilities afforded. 

1942 Code §3284-5; 1940 (41) 1785. 

§ 51-245. Issue of revenue obligations. 

In order to obtain funds to construct streets and roads on said island, to 
construct a water supply system, to lay out and subdivide the island, to de- 
velop it for the purposes herein set forth and to provide any service or facilities 
herein authorized, the Commission may from time to time issue and sell 
bonds or notes, payable from the revenues to be derived from the operation 
of the projects which it is authorized to undertake or operate, secured in the 
manner herein provided for. Such bonds shall be authorized by resolution of 
the Commission. 
• 1942 Code § 3284-5; 1940 (41) 17S5. 

§51-246. Terms of such obligations. 

Any such obligations may be issued in one or more series, may bear such 
date or dates, mature at such time or times, not exceeding forty years from 

274 [5 SC Code] 



§ 51-247 Parks and Playgrounds § 51-249 

their respective dates, bear interest at such rate or rates, not to exceed six 
per cent per annum, payable semi-annually, be in such denominations and 
in such form, be executed in such manner and be payable in such medium 
of payment at such place or places as such resolution may provide. 
1942 Code § 3284-5; 1940 (41) 17S5. 

§ 51-247. Payment of such obligations. 

In order to secure the payment of any obligations issued pursuant to the 
provisions of this article and such interest as may accrue thereon, the Com- 
mission may : 

(1) Pledge all or any part of its revenues derived from the operation of 
said island or any facility or service furnished by it on said island ; 

(2) Pledge revenues to be derived from the operation of the water supply- 
system and from the leasing of lots within the residential area ; 

(3) Execute and deliver a mortgage or deed of trust on that portion of the 
island set aside as a residential area and vest in a trustee or trustees the 
right to enforce any covenant made to secure or pay its bonds or other obli- 
gations and the interest thereon ; 

(4) Provide for the powers and duties of such trustee or trustees, limit their 
liability and provide the terms and conditions upon which the trustee or 
trustees or the holders of any bonds or any amount or portion thereof may 
enforce any covenant; and 

(5) Enter into any covenant and do any and all acts and things necessary 
or desirable to secure its obligations or which, in the discretion of the Com- 
mission, tend to make the obligations more marketable, notwithstanding 
that such covenant may restrict or interfere with the exercise of the powers 
herein granted, it being the intention hereof to give to the Commission power 
to do all things in the issuance of bonds for their security that a private busi- 
ness corporation could do under the general laws of this State. 

1942 Code § 3284-5; 1940 (41) 17S5. 

§ 51-248. Additional rights of holders of obligations. 

In addition to all other rights and remedies, any holders of the revenue 
bonds of the Commission, including their trustee or trustees, may by man- 
damus or other suit, action or proceeding require the Commission to fix and 
collect such rates, charges and rentals as will be sufficient to carry out any 
agreement concerning or pledge of the revenues produced by any service or 
facility furnished by the Commission. 

1942 Code § 3284-5; 1940 (41) 1785. 

§ 51-249. Obligations exempt from taxes. 

The bonds and interest coupons issued under the provisions of this article 
shall be exempt from all taxes levied by the State or any municipal corpora- 
tion therein. 

1942 Code § 32S4-5; 1940 (41) 1785. 

275 



§ 51-250 Code of Laws of South Carolina § 51-262 

§ 51-250. Such obligations not debts of State. 

No bond, note, coupon or other obligation issued pursuant to the provisions 
of this article shall ev.er constitute a debt of the State within the meaning of 
any State constitutional or statutory provision and each bond shall recite 
on its face that it is payable solely from the revenues pledged to the payment 
thereof and that it does not constitute a debt of the State. 

1942 Code §3284-5; 1940 (41) 1785. 

§ 51-251. Rates and rentals; use of surplus. 

In establishing and maintaining the rates, charges and rentals authorized 
by the provisions of this article, the Commission shall give due considera- 
tion to the debt service requirements of the bonds or obligations of the Com- 
mission for the payment of which such rates, charges and rentals are pledged 
and, in addition, it shall give due heed to the cost of operating and develop- 
ing said island and the various facilities and services maintained thereon. It 
shall likewise give due consideration to depreciation and the cost of replace- 
ments and the cost of additional improvements and facilities. Any surplus in 
revenues that may be derived after deducting debt service charges, cost of op- 
eration and maintenance and cost of additional improvements and facilities and 
such further sums as prudent management requires to be set aside for depre- 
ciation and replacements shall be paid one-half to the county of Beaufort in ac- 
cordance with existing statutes and one-half to the State Treasurer. The 
State Treasurer shall credit such moneys received by him to the park fund al- 
ready provided for the use of the Commission'in the furtherance of the State 
park program. 

1942 Code §32S4-5; 1940 (41) 1785. 

Article 8. 
Cooper River Park and Playground Commission. 

§ 51-261. Creation and territorial jurisdiction. 

There is hereby created a commission, to be known as the Cooper River 
Park and Playground Commission, whose territorial jurisdiction shall extend 
to that area in Charleston County, north of the city of Charleston, known as 
St. Phillips and St. Michaels Parish and Goose Creek Parish No. 1. 

1942 (42) 1566. 

§ 51-262. Members and terms. 

The commission shall be composed of seven members, as follows : 

(1) The three trustees of School District No. 4 of Charleston County shall 
serve ex officio as commissioners for a term commensurate with their term of 
office as school trustees ; 

(2) Two persons residing in St. Phillips and St. Michaels Parish shall be 
appointed by the St. Phillips and St. Michaels public service district commis- 
sion for a term of two years from the date of their appointment and until their 
successors shall have been appointed and qualified; and 

(3) Two persons, at least one of whom shall reside in Goose Creek Parish 

276 



§ 51-263 Parks and Playgrounds § 51-267 

No. 1, shall be appointed by the North Charleston public service commis- 
sion (a commission created to govern the North Charleston public service 
district, a district coextensive with Goose Creek Parish No. 1) for a term 
of two years from the date of their appointment and until their successors 
shall have been appointed and qualified. 
1942 (42) 1566. 

§ 51-263. General powers. 

The commission may do all acts and things necessary to a full enjoyment 
of the powers vested in it by this article. It may enter into contracts for 
matters and things germane to its purposes and may execute and deliver 
deeds of conveyance of property acquired by it. 

1942 (42) 1566. 

§ 51-264. Powers and duties with respect to parks and playgrounds. 

The commission may lay out, create, develop and enlarge the system of 
parks and playgrounds for the use and benefit of the residents, inhabitants 
and institutions within its jurisdictional area. It shall have charge of all 
parks and playgrounds within the area of St. Phillips and St. Michaels Parish 
and Goose Creek Parish No. 1. It may also supervise, regulate, operate and 
manage any buildings within such area constructed by the Federal Govern- 
ment, or agencies thereof, and designed for recreational purposes. It may 
contract with the Federal Government, or its agencies, with respect to the 
management, maintenance and operation thereof. 

1942 (42) 1566. 

§ 51-265. Rules and regulations ; penalties. 

The commission may promulgate reasonable rules and regulations with re- 
spect to the use of such parks, playgrounds and recreational centers and the 
violation of any such regulation that has been approved by the governing 
body of Charleston County shall be a misdemeanor, punishable by a fine of 
not exceeding ten dollars or imprisonment for not exceeding ten days or both. 
Such offenses shall be cognizable and triable by any magistrate whose juris- 
diction extends to any part of the area within either St. Phillips and St. 
Michaels Parish or Goose Creek Parish No. 1. 

1942 (42) 1566. 

§ 51-266. Acquisition of grants, property, etc. 

The commission may apply for and receive grants of any kind, that is, money 
or other assistance, from the Federal Government or its agencies. It may 
acquire by gift or otherwise real and personal property and hold, manage 
and operate such property. 

1942 (42) 1566. 

§ 51-267. Property exempt from taxation. 

Any and all property, whether real or personal, owned and held by the 

277 



§ 51-268 Code of Laws of South Carolina § 51-284 

commission within said area shall be exempt from all taxation by the State 
or any of its political subdivisions. 
1942 (42) 1566. 

§ 51-268. Tax for support of commission's activities. 

The commission may levy upon all taxable property in St. Phillips and St. 
Michaels Parish and Goose Creek Parish No. 1 a tax of not exceeding 
three mills per annum to meet the costs of operating and maintaining parks, 
playgrounds and recreational facilities in that area. Such tax shall be levied 
by the county auditor and collected by the county treasurer, who shall keep 
it in a separate fund, applicable solely to the purpose for which it is levied. 

1942 (42) 1566; 1949 (46) 375. 

Article 9. 
St. Andrews Parish Playground Commission. 

§ 51-231. Creation. 

There is hereby created a commission in Charleston Count}' which shall be 
known as the "St. Andrews Parish Playground Commission." 

1945 (44) 360. 

§ 51-282. Members; appointment, term and vacancies. 

The commission shall be composed of five members, who shall be resi- 
dents of said parish and shall hold office for a term of two years and until their 
successors have been appointed. The members shall be appointed by the 
Governor upon the recommendation of the Senator and a majority of the 
members of the House of Representatives for Charleston County. Any va- 
cancies shall be filled for the unexpired term in like manner. 

1945 (44) 360. 

§51-283. General powers. 

The commission may acquire by gift or otherwise real and personal prop- 
erty and hold it in trust for the uses and purposes provided for in this article. 
It may sell, exchange or convey any part of the property owned by it, whether 
real or personal, whenever, in its discretion, such sale or exchange shall be in 
furtherance of the purposes of the commission as stated in this article. The 
commission may lay out, create, develop, maintain and operate a system of 
parks and playgrounds within St. Andrews Parish, Charleston County, for the 
use and benefit of the residents, institutions and schools located in St. Andrews 
Parish. 

1945 (44) 360. 

§ 51-284. Property exempt from taxes. 

Any property, whether real or personal, owned and held by the commission 
within said area and for the uses and purposes set forth in this article shall be 
exempt from State, county and school taxes. 

1945 (44) 360. 

278 



§ 51-291 Pakks and Playgrounds § 51-293 

Article 10. 
Sullivan's Island. 

§ 51-291. Rights of holders of licenses to use lots on Island. 

All persons, whether residents or nonresidents of the State, holding on 
June 14 1951 a license to use, occupy and enjoy any lot on Sullivan's Island 
granted to them or their predecessors in title by the board of township com- 
missioners of Sullivan's Island, or their predecessors in office, shall hold a 
leasehold estate in such lot for a term of seventy-five years from the first day 
of January 1951. Such estate shall be transferable, transmissible and distrib- 
utable to persons whether residents or nonresidents of the State to the same 
extent and in the same manner as real property may be transferred, trans- 
mitted, devised and inherited and those entitled to use any such lot shall 
hold, take and enjoy it for the term herein provided and to that end shall 
be entitled to use and employ all actions, suits and remedies for securing their 
quiet and peaceful possession and enjoyment and shall be entitled to resti- 
tution and redress for any trespass, ouster or injury which they may suffer. 
or which may be committed upon them, to the same extent and in the same 
manner as persons holding a fee simple estate in real property in this State. 

1951 (47) 540. 

Board controls lots. — The board as the Supreme Court in Moultrieville v. Patter- 

de facto government of Sullivan's Island son, 7 Rich (28 S. C. Eq.) 344, held that 

has inherent power over these lots. their meaning was not that it was unlawful 

Schroeder v. O'Neill, 179 S. C. 310, 184 to erect a building on a piece of ground 

S. E. 679 (1936). less than a half-acre; that if a citizen chose 

Which may contain less than one-half to build a summer residence, he was entitled 

acre. — In Schroeder v. O'Neill, 179 S. C. to appropriate the exclusive use of half an 

310, 184 S. E. 679 (1936), the court held acre of land adjoining his building, includ- 

that licenses for lots on Sullivan's Island ing its site; that he might, by virtue of his 

were not unlawful, void, or beyond the building, claim a lot of half an acre but no 

power of the board because the area of the more; that it depended upon himself alone 

lots so laid out and licensed contained less whether he would claim an entire half-acre 

than one-half acre. or put up with less. Schroeder v. O'Neill, 

On which residence may be built.— In con- 179 S. C. 310, 184 S. E. 679 (1936). 
struing this and the following sections, the 

§ 51-292. Mortgages and foreclosure thereof. 

Those in whom estates in such lots shall be vested may mortgage them 
in the same manner as mortgages are given on real estate and such mort- 
gages, upon default of the provisions thereof, shall be subject to foreclosure 
in the same manner as mortgages of real estate. 

1951 (47) 540. 

§ 51-293. Dower and curtesy. 

No inchoate or vested right of dower or curtesy shall attach to the estates in 
such lots. 
1951 (47) 540. 

Need not build within year.— Under this Schroeder v. O'Neill, 179 S. C. 310, 1S4 
section, the licenses are not rendered ipso S. E. 679 (1936). 
facto void for failure to build within a year. 

279 



§ 51-293.1 Code of Laws of South Carolina § 51-296 

Assessment payment as renewal of rights. ing, occupying, and enjoying their lots, when 

— Where buildings were not erected within accepted by the board, constituted in effect 

one year, upon resolution of the board the a yearly renewal of their rights. Schroeder 

payment of the annual assessments by the v. O'Neill, 179 S. C. 310, 1S4 S. E. 679 

defendant lot owners for the purpose of us- (1936). 

§ 51-293.1. Term and license of transferees. 

Whenever there shall be a transfer or devolution of the estate in any lot 
from one person to another person, irrespective of whether it be occasioned 
by voluntary or involuntary action upon the part of the transferor, the trans- 
feree shall become entitled to hold such lot for a period of seventy-five years 
from the occasion when such transfer shall have become effective, with the 
rights and privileges prescribed by §§ 51-291 to 51-293 and so on, from time to 
time, as often as any such transfer or devolution shall occur. 

1951 (47) 540. 

§51-293.2. Board of township commissioners may grant leases; renewals 
and extensions. 

The board of township commissioners of Sullivan's Island may grant leases 
for terms of seventy-five years from the effective date of such leases, such 
terms to be renewed or extended in accordance with the provisions of § 51- 
293.1 and with the rights and privileges prescribed by §§ 51-291 to 51-293.1 
but such leases shall be subject to the restrictive covenants set forth in §§ 51- 
294 to 51-303 hereof. 

1951 (47) 540. 

§ 51-294. Building more than one dwelling per lot in Moultrieville. 

No person shall erect, or cause to be erected, more than one dwelling house 
on each half acre lot in the town of Moultrieville, on Sullivan's Island; and if 
any person shall build, or attempt to build, such a dwelling house, such per- 
son may be compelled to desist from such building and to remove the same 
by the court of common pleas ; and the intendant or any one of the wardens 
of said town may execute such order, under the direction of the sheriff of 
the county, or his lawful deputy. 

1942 Code § 2249; 1932 Code § 2249; Civ. C. '22 § 1S5; Civ. C. '12 § 183; Civ. C. '02 § 157; 
G. S. 72; R. S. 113; (7) 353; 1933 (38) 510. 

§ 51-295. Definition of dwelling house. 

A dwelling house is hereby defined to be an habitable dwelling wholly under 
one roof and the connecting of two or more houses by a covered passage- 
way or runway so as to form one roof shall not be construed to make one 
house, but any such connected houses shall be construed to be two or more 
houses. 

1942 (42) 1582. 

§ 51-296. Buildings standing January 1 1942 lawful. 

Every building which was standing on Sullivan's Island as of January 1 
1942 is hereby declared a legal and lawful building. 

1942 (42) 1582. 

280 



§ 51-297 Parks and Playgrounds § 51-300 

§ 51-297. Connection of houses prohibited. 

The further connecting of houses by passageways or runways is hereby 
prohibited and if it is attempted the board of township commissioners for 
Sullivan's Island shall bring suit to enjoin it and the person causing it to be 
built shall be required to remove it, at his own expense, and in the event 
it is not removed the board of township commissioners may cause it to be re- 
moved and to charge the cost of removal against the owner, such cost to be 
a lien on such lot and to be collected as other taxes and assessments are now 
collected. 

1942 (42) 1S82. 

§51-298. Conversion of outbuildings into apartments, etc.; servant quarters. 

No lot owner or holder shall cause any outbuilding standing on March 13 
1942 on any lot to be converted into an habitable dwelling or garage apart- 
ment. Any building rented, leased, let or used as a lodging or boarding house 
or bringing in a revenue shall be construed to be a dwelling house, garage apart- 
ments being included in this designation. Only such houses or quarters as 
are used and occupied by servants actually in the service of the main dwell- 
ing house or yard of the main dwelling house and are situate on such lot 
shall be construed to be servant quarters. Nothing herein shall prevent the 
erection of suitable quarters, but servant quarters shall not be converted 
into or used as dwelling houses as herein denned. 

1942 (42) 1582. 

§ 51-299. Rebuilding after destruction of house. 

When there is more than one dwelling house on one lot and one or more are 
removed or destroyed for any cause or by any means, acts of God not excepted, 
none shall be re-erected or rebuilt, unless all dwelling houses on such lot 
shall have been removed or destroyed and in that event only one dwelling 
house may be re-erected or rebuilt, regardless of the number of dwelling 
houses on such lot before such removal or destruction. 

1942 (42) 1582. 

§ 51-300. Additional tax on lots with more than one dwelling. 

The board of township commissioners for Sullivan's Island shall tax each 
lot having more than one dwelling house thereon an additional tax not ex- 
ceeding twelve dollars per annum for each dwelling house, over one, on such 
lot, such twelve-dollar tax or portion thereof being for public service rendered 
to such lot, over and above services rendered to a lot having only one dwelling 
house thereon. The board of township commissioners shall not be called upon 
to enumerate such services or to account to the lot owner for the expenditure 
of such additional tax, but it shall be placed in the general funds of the town- 
ship and expended as other township funds are expended. 

The additional tax shall be assessed and collected as other township taxes 
and assessments are now collected and shall constitute a prior lien on the 
lots and houses affected subject to the lien for State and county taxes. 

1942 (42) 1582. 

281 



§ 51-301 Code of Laws of South Carolina § 51-312 

§ 51-301. Commercial buildings in certain area. 

The board of township commissioners for Sullivan's Island may issue build- 
ing permits for the erection of commercial buildings and establishments on 
the north and south side of Middle Street, commencing at Pettigrew Street 
(formerly known as station 18 and now known as 8th Street) and Frost 
Street (formerly known as station 22£ and now known as 15th Street), 
if and when request for a building permit together with plans and specifi- 
cations for such buildings shall be submitted to the board of township com- 
missioners for its approval and an application for erection shall be first had 
and allowed. 

1942 Code § 2249; 1932 Code § 2249; Civ. C. '22 § 185; Civ. C. '12 § 183; Civ. C. '02 § 1S7; 
G. S. 72; R. S. 113; (7) 353; 1933 (38) 509. 

§ 51-302. Commercial buildings outside such area. 

All commercial establishments erected outside of the area described 
in § 51-301 prior to May 16 1933 and those authorized by the commission prior 
to such date are declared legal and in case of their destruction the board of 
township commissioners may allow their re-erection but no commercial build- 
ing or establishment other than those standing on the date aforesaid shall 
be permitted or allowed to be erected outside of the area described in § 51-301. 

1942 Code § 2249; 1932 Code § 2249; Civ. C. '22 § 185; Civ. C. '12 § 183; Civ. C. '02 § 157; 
G. S. 72; R. S. 113; (7) 353; 1933 (38) 509. 

§ 51-303. Approval of plans; removal of nuisances, etc. 

The board of township commissioners may remove, or have removed, 
nuisances, dangers and menaces to health and may approve plans and speci- 
fications and close such buildings and establishments as in the opinion of 
the board are not fit and proper and demand their removal. 

1942 Code § 2249; 1932 Code § 2249; Civ. C. '22 § 185; Civ. C. '12 § 183; Civ. C. '02 § 157; 
G. S. 72; R. S. 113; (7) 353; 1933 (38) 509. 

Article 11. 
Colleton County Landings and Recreational Grounds. 

§ 51-311. Acquisition. 

The supervisor and governing body of Colleton County may acquire by 
purchase by fee simple deed in the name of the county landings and recrea- 
tional grounds on the streams located in and adjoining said county. Land- 
ings and recreational grounds on streams in Colleton County shall be so ac- 
quired by the use of such funds as the General Assembly may annually pro- 
vide in the county supply act or otherwise. 

1942 Code § 9317; 1939 (41) 47. 

§ 51-312. Use of such landings and grounds. 

Such landings and recreational grounds so acquired shall be forever for 
the use of all the people of the county and shall be equally available and ac- 
cessible to all citizens of the county. They shall be used by the people of the 

282 



§51-313 Parks and Playgrounds §51-323 

county in accordance with such reasonable rules and regulations for their use 
as may be promulgated by the supervisor and governing body of the county 
and the said supervisor and governing body of the county may promulgate 
and publish such reasonable rules and regulations for the use of such landings 
and recreational grounds as they may deem advisable. The supervisor and 
governing body of the county shall provide for entrance to such landings 
and recreational grounds by proper county roads. 
1942 Code §9317; 1939 (41)47. 

§ 51-313. Cooperation with Federal Government. 

The supervisor and governing body of the county may cooperate with the 
various agencies of the Federal Government in improving such lands acquired 
for such purposes in such way as they may deem advisable. 

1942 Code § 9317; 1939 (41) 47. 

Ariticle 12. 
Dillon County Fish, Forestry, Game and Recreation Commission. 

§ 51-321. Members ; appointment and term. 

There is hereby created a commission to be known as Dillon County Fish, 
Forestry, Game and Recreation Commission. Said commission shall con- 
sist of five members, who shall be appointed by the Governor upon the recom- 
mendation of a majority of the county legislative delegation, including the 
Senator. The terms of office shall be for one year and until their successors 
have been appointed and qualified. 

1948 (45) 1605; 1951 (47) 218. 

§ 51-322. Duties. 

Said commission shall advise with the fish and game association and the 
county forestry department as to matters deemed beneficial to these agencies 
in the discharge of their duties and shall advise and counsel with the county 
game warden with further reference to enforcement of all game laws. In ad- 
dition thereto said commission shall promote a State park for Dillon County 
and shall solicit State and Federal aid in connection therewith and accept such 
aid for and in behalf of the county but shall not enter into any contract or 
agreement requiring county expenditure of funds unless approved in writ- 
ing in advance by a majority of the county legislative delegation, including the 
Senator. 

194S (45) 1605. 

§ 51-323. Condemnation proceedings. 

The commission may condemn and take land and property for parks or other 
public purposes. Any condemnation proceeding shall be governed by the 
provisions of chapter 2 of Title 25. 

1951 (47) 238. 



283 



§ 51-331 Code of Laws of South Carolina § 51-335 

Article 13. 
Bethel Park Commission, Fairfield County. 

§ 51-331. Created. 

There is hereby created the Bethel Park Commission, consisting of seven 
members to be chosen in the manner and for the term and whose powers 
and duties shall be as in this article provided. 

1942 Code § 9318; 1934 (38) 1949. 

§ 51-332. Commissioners. 

Said commission having been initially composed of three life members, 
three citizens of Bethel school district No. 18, Fairfield County, appointed by 
the trustees of said school district and one citizen of Fairfield County appointed 
by the board of education of said county, the successors to such appointive 
members have been and shall hereafter be appointed for the term of four years 
and until their successors are appointed. The life members have been and 
shall hereafter be authorized to name their respective successors. But should 
any of them cease to own and reside upon the land adjoining said school 
district property or die without having named his successor, in either event, 
his successor shall be appointed by the trustees of said school district. 

1942 Code § 9318; 1934 (38) 1949. 

§51-333. Duties and powers. 

The Bethel Park Commission is hereby charged with the duty of main- 
taining, preserving, protecting and controlling the parks, ponds, equipment 
and other property of whatever kind, situate and located within Bethel school 
district No. 18, in Fairfield County, donated to or acquired by said school dis- 
trict, and developed for recreational, educational, social and religious pur- 
poses and for such purposes only shall such property be maintained and 
used. To that end the commission shall promote, provide, supervise and 
direct recreational sports programs and entertainments of such kind and 
nature as in its judgment will be most beneficial and serve the best interests 
of the people. 

1942 Code § 9318; 1934 (38) 1949. 

§ 51-334. Issue and enforce rules and regxilations. 

The commission may promulgate, adopt and enforce all such bylaws, 
rules and regulations as it may deem expedient and proper for the govern- 
ment and management of such property, not inconsistent with law. And 
the commission is hereby likewise clothed with all police power necessary 
and needful for the enforcement of all rules and bylaws which it may adopt. 

1942 Code § 9318; 1934 (38) 1949. 

§51-335. Admission fee. 

For the improvement, maintenance, upkeep and management of such 
properties, the said commission may charge reasonable admission fees for 

284 



§ 51-336 Parks and Playgrounds § 51-342 

the use thereof, for the exercise and enjoyment of the privilege which may be 
afforded for recreation, entertainment or otherwise. 
1942 Code § 9318; 1934 (38) 1949. 

§ 51-336. License to fish ; fishing on Sundays prohibited. 

It shall be unlawful for any person to fish in Bethel park without first 
having obtained a non-transferable permit to expire within one year from 
the date of its issuance to be issued by the Bethel Park Commission upon the 
payment of such fee therefor as shall be fixed by the commission. The com- 
mission may issue resident and nonresident permits and charge a larger fee 
for the issuance of a nonresident permit. 

It shall be unlawful for any person to fish in Bethel park on Sundays. 

Any person violating the provisions of this section shall be guilty of a 
misdemeanor and upon conviction shall be confined for not more than ten 
days or fined not less than one dollar nor more than ten dollars. 

1950 (46) 2280. 

§ 51-337. Police officer. 

To aid in the enforcement of such rules and regulations the commission 
may employ and appoint a park police officer and the officer so appointed 
shall be clothed with and ma)' exercise, within the bounds of such properties 
in said district, the powers of other peace officers of the State. 

1942 Code § 9318; 1934 (38) 1949. 

Article 14. 

Florence County Recreation Board. 

§ 51-341. Creation ; number and compensation of members. 

There is hereby created the Florence County Recreation Board. The board 
shall be composed of seven members, one from each of the county commissioners 
districts. The members of the board shall serve without compensation and 
shall be chosen solely because of their character and fitness. 

1951 (47) 293. 

§ 51-342. Appointment and terms of office of members. 

The terms of office of each member of the board shall be five years, the 
members of the board first chosen having, however, been appointed for such 
terms so that the term of one member expires annually. As vacancies occur in 
the membership of the board by reason of expiration of terms of the members or 
for any other reason, such vacancies shall be filled by nomination upon a majority 
vote of the remaining members of the Florence County Recreation Board. Each 
such nomination shall be certified to the county board of education and the 
county board of education shall, by majority vote, appoint or decline to ap- 
point the nominee of the Recreation Board to fill the vacancy on the board and 
such action shall be certified to the board, within ten days of the receipt of 
such certification or nomination. In like manner the Recreation Board shall 
continue to make and certify a nomination to the county board of education 

285 



§ 51-343 Code of Laws of South Carolina § 51-347 

until the board of education appoints a nominee for the Recreation Board 
to fill the vacancy. 
1951 (47) 293. 

§ 51-343. Disqualifications for membership. 

No member of the board shall be (a) the holder of a political office or seek- 
ing a political office or (b) a manager of any participating athletic team. 

1951 (47) 293. 

§ 51-344. Organization and meetings. 

The members of the board shall meet annually after the appointment of 
a new member and organize by selecting one of the members thereof as presi- 
dent and such other officers as may be necessary, who shall hold office for one 
year and until their successors are elected and qualified. The board shall 
hold regular meetings at least once a month and shall establish rules and 
regulations for its develoment, for the performance of its duties and for the 
use, operation and conduct of all facilities and activities. 

1951 (47) 293. 

§ 51-345. Removal of members of board. 

The members of the board may be impeached and removed from office 
upon the same grounds and in the same manner as provided by law for the 
impeachment or removal from office of the members of the county board of 
education. 

1951 (47) 293. 

§ 51-346. Director. 

The board shall employ a director of recreation who shall serve at the 
pleasure of the board. The director shall direct and supervise the recreational 
activities of the youth of the county and shall possess the following qualifi- 
cations : 

(1) He shall be educated and trained in physical recreation and shall have 
had at least two years' experience in such work ; 

(2) He shall be a person of outstanding leadership, administrative and or- 
ganizational ability; and 

(3) He shall be of good moral character with a high recommendation of 
honesty and sincerity of purpose. 

1951 (47) 293. 

§ 51-347. Additional powers may be conferred. 

The county legislative delegation may, in addition to the powers directly 
vested in the board by this article, confer upon and delegate to the board 
any other power or authority conferred upon the county legislative delegation 
by law with regards to or in accordance with the establishment, conduct, de- 
velopment, improvement, equipment and maintenance of recreation facilities, 

286 



§ 51-348 Parks and Playgrounds § 51-350.1 

playgrounds and recreation centers as fully and completely as all such powers 
may be constitutionally delegated to such board. 
1951 (47) 293. 

§ 51-348. Gifts and loans. 

Florence County, by and through the board, may accept any grant or devise 
of real estate or any gift or bequest of money or other property or loan of 
personal property or any donation to be applied, principal or income or 
both, for either temporary or permanent playgrounds or other recreation 
purposes and if such gift, bequest, devise, donation or loan be conditional 
the county legislative delegation ma)' accept it upon the condition attached 
and comply with such condition if, in the judgment of the county legislative 
delegation, such condition be reasonable and to the best interest of the county. 
Money received in any such manner, unless otherwise provided by the terms 
of the gift or bequest, shall accrue to and become a part of the recreation 
fund of the county. 

1951 (47) 293. 

§ 51-349. Members not to be interested in contracts. 

No member of the board and no person who has been a member of such 
board within six months of the time of making any contract in behalf of the 
county by or through the agency of such board shall be directly or indirectly 
pecuniarily interested in any contract or in the profits of any contract made 
through the agency of the board. 

1951 (47) 293. 

§ 51-350. Recreation fund ; disbursements therefrom. 

The recreation fund of the county shall be kept with other funds of the 
county in such depository to the credit of the county as the county legisla- 
tive delegation may direct and all payments and disbursements from this 
fund, as and when made, shall be validated by the countersignature of the 
officer or person designated by the board to countersign or validate checks 
drawn for other county purposes. 

1951 (47) 293. 

§ 51-350.1. Power to contract debts, etc. 

The board shall have no power or authority in behalf of or in the name 
of the count)' to contract any debts or obligations in any year in excess of 
the amount paid into or appropriated for the recreation fund during such 
year and no debts or obligations contracted by the board in violation of this 
provision shall be held to be a general obligation of the county, nor shall the 
general credit of the county be pledged for the purchase or acquisition of 
lands, buildings, equipment of any kind or of services, unless it be authorized 
by the county legislative delegation. The limitations contained in this section 
shall be applicable to every power conferred by any provisions of this article 
upon the board. 

1951 (47) 293. 

287 



§51-350.2 Code of Laws of South Carolina §51-354 

§ 51-350.2. Annual report and recommendations. 

The board, at the end of each fiscal year, shall file with the county board 
of education a full and detailed report of the business and operations of the 
board for the year thus ending and make such recommendations to the 
county board of education as it may deem advisable, looking to the improve- 
ment and betterment of the service of the Florence County Recreation Board. 

1951 (47) 293. 

Article IS. 
Greenwood Recreation District and Commission. 

§ 51-351. Establishment of the Greenwood recreation district. 

There is hereby created a district, known as The Greenwood Recreation 
District, which shall consist of all of the area included within the corporate 
limits of the city of Greenwood, together with all of the area outside of the 
corporate limits of the city of Greenwood which is included in School District 
No. 18. 

1949 (46) 641. 

§ 51-352. Creation of commission and membership. 

There is hereby created a commission to be known as the Commission of 
Recreation for the city of Greenwood and School District No. 18, hereafter 
referred to as the district. 

The commission shall be composed of five citizens of the city or county 
of Greenwood, who shall reside within the corporate limits of the city or with- 
in the area located outside of the corporate limits which is included in School 
District No. 18. 

1949 (46) 641. 

§ 51-353. Appointment and terms. 

The members of the commission shall receive their appointment from the 
Governor and their names shall be recommended to the Governor in the fol- 
lowing manner: two of the members shall be recommended by the city 
council of the city of Greenwood, two of the members shall be recommended 
by the board of school trustees of School District No. 18 and the fifth mem- 
ber shall be the city manager of the city of Greenwood, serving ex officio. 

The four members initially appointed by the Governor having served one 
for one year, one for two years and two for three years, thereafter all members 
shall serve for a period of three years. The members of the commission 
shall be eligible for re-appointment and each shall serve until his successor 
is appointed. 

1949 (46) 641. 

§ 51-354. General function and duties. 

It is declared to be the function and duty of this commission to hold and 
manage all funds which shall come into their hands for the purpose of pro- 
viding a program of organized recreation for the area embraced by the dis- 

28S 



§51-355 Parks and Playgrounds §51-359 

trict, to acquire land for playgrounds, parks and recreation areas, either by 
gift, purchase or lease, and to employ a director of recreation and such other 
personnel as may be necessary. 
1949 (46) 641. 

§ 51-355. Additional powers. 

In addition to the duties hereinabove set forth the commission may pur- 
chase property, hold title to real estate, enter into contracts and leases in 
the name of The Greenwood Recreation District receive gifts of land, money 
or other property and do such other things as shall be necessary and proper 
to carry out the duties hereby imposed upon it. 

1949 (46) 641. 

Article 16. 

Jasper County Recreational Committee. 

§ 51-356. Establishment and duties. 

The county legislative delegation and the Senator shall appoint a committee 
of three members to be known as the Jasper County Recreation Committee. 
One member shall be recommended by the Ridgeland Lions Club, one by the 
Ridgeland Junior Chamber of Commerce and one by the Sergeant Jasper Post 
of the American Legion. The committee shall be in charge of a county-wide 
recreation program and of the Ridgeland Athletic Field, located in the 
Ridgeland school yard. The Ridgeland schools shall have preference in the 
use of the athletic field at all times. The members of the committee shall 
perform their duties without pay. 

1950 (46) 2010. 

Article 17. 
Kershaw County Recreational Board. 

§ 51-357. Establishment. 

There is hereby established a recreational board in the county to be 
known as the Kershaw County Recreational Board. 

1948 (45) 1708. 

§ 51-358. Appointment; term. 

The board shall consist of twelve members who shall be appointed by the 
county legislative delegation. Their terms of office shall be four years and 
until their successors shall have been appointed and qualified. Three of 
the members of the board shall reside in the city of Camden, three shall 
reside in the city of Kershaw, three shall reside in the city of Bethune and 
three shall reside in the city of Blaney. 

1948 (45) 1708. 

§ 51-359. Board to provide recreational areas. 

The recreational board may purchase, equip and construct playgrounds, 
athletic fields and such other recreational areas as in its judgment promote 
[5 SC Code] — 19 289 



§ 51-261 Code of Laws of South Carolina § 51-371 

recreational activities with the moneys appropriated under the provision of 
Acts and Joint Resolutions 1948, p. 1708. The members of the board may 
require that such funds be matched in whole or in part by schools, institutions 
or other agencies. 
1948 (45) 1708. 

Article 18. 
Lancaster County. 

§ 51-361. Park and Playground Commission. 

There is hereby created a bod)' corporate to be known as the Lancaster 
Park and Playground Commission. 

1943 (43) 152. 

§ 51-362. Members. 

The commission shall be composed of six members, one of whom shall be 
a member of the city council of the city of Lancaster named by said council. 
The other five original members were named in the act by which the commis- 
sion was originally created. Vacancies on the commission caused by any 
reason whatsoever have been and shall hereafter be filled by a majority vote 
of the remaining members of the commission excepting, however, a vacancy 
caused by the city council member being removed for any reason whatso- 
ever in which event such vacancy shall be filled by appointment of one of the 
members of the city council by said council. 

1943 (43; 152. 

§ 51-363. General duties of commission. 

The commission shall be charged with the care, management, control, super- 
vision and development of the property heretofore acquired by School Dis- 
trict Xo. 14 of Lancaster County for park and playground purposes and other 
property of the city of Lancaster designated by the city council to be used 
for park and playground purposes. 

1943 (43) 152. 

Article 19. 
Laurens County. 

§ 51-371. Park and recreational facilities near Buzzard Roost Lake. 

The supervisor and the governing body of Laurens County may enter into 
agreements with the officials of Greenwood Count}- for taking over the opera- 
tion of certain surplus lands bordering upon Buzzard Roost Lake and may 
develop them for park and recreational purposes for citizens of Laurens Coun- 
ty. In order to provide parks, picnic grounds and recreational facilities for 
laborers, farmers and small-wage earners, the supervisor and governing 
body of Laurens County may construct roads and paths, tables and other ap- 
propriate facilities on and upon such lands. 

1942 Code § 9319; 1940 (41) 1703. 

290 [5SCCode] 



§ 51-381 Parks and Playgrounds § 51-386 

Article 20. 
Lee County Park Commission. 

§ 51-381. Appointment of commissioners. 

The county legislative delegation of Lee County shall by a majority vote 
appoint five citizens and residents of the county who shall constitute the 
Lee County Park Commission. 

1942 Code § 9320; 1934 (38) 2070. 

§51-382. Term and vacancies. 

The initial commissioners having held office for terms of one, two, three, 
four and five years respectively from the first day of January next after the 
date of their appointment thereafter the term of office of each of the com- 
missioners subsequently appointed has been and shall hereafter be for a 
period of two years. All vacancies in the commission shall be filled by a ma- 
jority of the county legislative delegation. 

1942 Code § 9320; 1934 (38) 2070. 

§51-383. Organization ; rules and regulations ; records. 

Immediately after the appointment of a new commissioner he shall take 
the oath of office and the commission shall reorganize and elect a president and 
secretary. It may formulate rules and regulations for the control and manage- 
ment of all parks of the county. A. record of the acts, doings and plans adopt- 
ed by the commission shall be kept and filed in the office of the clerk of court 
for Lee County. 

1942 Code § 9320; 1934 (38) 2070. 

§ 51-384. Construction, control, etc., of county park. 

The commission may acquire park areas and develop them and shall do 
such things as are necessary for the creation and establishment of a county 
park. The commissioners shall take title to property in the name of the Lee 
County Park Commission, formulate plans for the construction of a county 
park and have such park constructed and maintain it, insofar as it can be 
constructed and maintained, with funds that may come into its hands. The 
park so constructed by the commissioners, as aforesaid, shall be and consti- 
tute a county public park and shall at all times be under the supervision, man- 
agement and control of the commissioners. 

1942 Code § 9320; 1934 (38) 2070. 

§ 51-385. County not to pay for park or commission. 

The creation of the commission and the construction of the park shall be 
without cost to Lee County. 

1942 Code § 9320; 1934 (38) 2070. 

§51-386. Policing park. 

The rural policeman, magistrates and their constables in the township in 

291 



§ 51-391 Code of Laws of South Carolina § 51-403 

which the park is located shall properly police the park and guard against 
depredations and trespassing upon it 
1942 Code § 9320; 1934 (38) 2070. 

Article 21. 
Nezvberry County Park Commission. 

§ 51-391. Creation and membership. 

There is hereby created a body corporate to be known as the Newberry 
County Park Commission. The commission shall be composed of five mem- 
bers, two of whom shall be elected by the city council of the city of Newberry, 
two by the county legislative delegation of Newberry County and one by the 
other four so elected. The members shall serve for periods of six years, the 
original members having served for two, four and six years. 

1942 Code § 9320-1; 1936 (39) 1410. 

§51-392. Duties. 

The commission shall be charged with the care, management, control and 
development of the property heretofore acquired by the city and county of 
Nezvberry for a county park and other purposes and shall report annually to 
the city council of the city of Nezvberry and to the county commissioners of 
Nezvberry County. 

1942 Code § 9320-1; 1936 (39) 1410. 

Article 22. 
Fort Watson Memorial. 

§ 51-401. Forestry Commission to acquire lands in area of Fort Watson. 

The State Commission of Forestry shall acquire by purchase, lease or gift 
approximately two acres of land, more or less, in the area of Fort Watson 
on the banks of Lake Francis Marion, four miles north of the intersection of 
U. S. Highway No. 15 and South Carolina Highway No. 6 at Santee. 

1949 (46) 186. 

§ 51-402. Designation of property. 

The property and area when acquired and improved shall be known as 
the "Fort Watson Memorial." 

1949 (46) 186. 

§ 51-403. Protection and maintenance. 

The State Commission of Forestry shall improve, protect and maintain the 
area as a memorial to the heroic men of General Francis Marion whose suc- 
cessful efforts in the battle of Fort Watson on April 23 1781 aided so much 
in the final independence of the United States of America. 

1949 (46) 186. 



292 



Chap. 



Title 52. 
Partnerships and Joint Stock Companies.* 

1. Uniform Partnership Act, §§ 52-1 to 52-79. 

2. Limited Partnerships, §§ 52-101 to 52-128. 

3. Joint Stock Companies, §§ 52-151 to 52-155. 



CHAPTER 1. 
Uniform Partnership Act. 



Article 1. 
General Provisions. 

Sec. 

52-1. Uniform Partnership Act. 

52-2. Definitions. 

52-3. What constitutes "knowledge" or 
"notice" of a fact. 

52—4. Rules of construction; rules of law 
applicable; existing rights not af- 
fected. 

52-5. Rules for cases not provided for. 

Article 2. 
Nature of Partnership. 

52-11. Partnership defined; application to 
limited partnerships. 

52-12. Determination of existence of part- 
nership. 

52-13. Partnership property; acquisition 
and conveyance. 

Article 3. 

Relations of Partners to Persons Deal- 
ing with Partnership. 

52-21. Partner's acts and agency; limita- 
tion of authority. 

52-22. Conveyances of real property of 
partnership. 

52-23. Admission or representation by 
partner as evidence. 

52-24. Notice to or knowledge of partner. 

52-25. Liability for wrongful act or omis- 
sion of partner. 

52-26. Partnership bound by partner's 
breach of trust. 



Sec. 

52-27. Nature of partners' liability. 

52-28. Liability as partner by estoppel. 

52-29. Liability of incoming partner. 

Article 4. 
Relations of Partners to One Another. 

52-41. Rules determining rights and duties 
of partners as to partnership. 

52-42. Partnership books. 

52-43. Duty of partners to give information. 

52-44. Partner accountable as a fiduciary. 

52-45. Right to formal accounting. 

52-46. Continuation of partnership beyond 
fixed term. 

Article 5. 
Property Rights of Partner. 

52-51. Extent of property rights. 

52-52. Nature of right in specific partner- 
ship property. 

52-53. Nature of partner's interest in part- 
nership. 

52-54. Effect of assignment of partner's 
interest in partnership. 

52-55. Rights of creditor when partner 
judgment debtor; redemption of 
partner's interest. 

Article 6. 

Dissolution or Winding Up. 

52-61. Dissolution defined. 
52-62. Partnership not terminated by dis- 
solution. 
52-63. Causes of dissolution. 



* As to use of name generally, see §§ 48-1 to 48-4. 
a separate composition of indebtedness, see § 11-251. 

293 



As to how joint debtor may make 



S 52-1 



Code of Laws of South Carolina 



§52-3 



Sec. 

52-64. Dissolution by decree of court. 

52-65. Effect of dissolution on partner's 
authority to act. 

52-66. Liability of partner for acts of other 
partner after dissolution. 

52-67. Power of partner to bind partner- 
ship after dissolution. 

52-68. How certain liability of partner 
satisfied. 

52-69. When partnership not bound by 
partner after dissolution. 

52-70. Liability under § 52-28 not affected. 

52-71. Effect of dissolution on existing lia- 
bility of partner. 

52-72. Right to wind up partnership affairs. 



Sec. 

52-73. Application of property upon dis- 
solution not in contravention of 
agreement. 

52-74. Rights of partners upon dissolution 
in contravention of agreement. 

52-75. Rights when partnership agreement 
rescinded for fraud or misrepre- 
sentation. 

52-76. Settlement of accounts between part- 
ners; rules for distribution. 

52-77. Liability of persons continuing 
business in certain cases. 

52-78. Rights of retiring partner or estate 
of deceased partner when business 
is continued. 

52-79. Accrual of right to an account. 



Article 1. 

General Provisions. 

§ 52-1. Uniform Partnership Act. 

This chapter may be cited as "The Uniform Partnership Act" 
1950 (46) 1841. 

§ 52-2. Definitions. 

As used in this chapter: 

(1) "Court" includes every court and judge having jurisdiction in the case; 

(2) "Business" includes every trade, occupation or profession ; 

(3) "Bankrupt" includes a bankrupt under the Federal Bankruptcy Act or 
an insolvent under any state insolvent act ; 

(4) "Conveyance" includes every assignment, lease, mortgage or encum- 
brance; and 

(5) "Real property" includes land and any interest or estate in land. 
1950 (46) 1841. 

§ 52-3. What constitutes "knowledge" or "notice" of a fact. 

(1) A person has "knowledge" of a fact within the meaning of this chapter 
not only when he has actual knowledge thereof, but also when he has knowl- 
edge of such other facts as in the circumstances shows bad faith. 

(2) A person has "notice" of a fact within the meaning of this chapter 
when the person who claims the benefit of the notice: 

(a) States the fact to such person, or 

(b) Delivers through the mail or by other means of communication a 
written statement of the fact to such person or to a proper person at his 
place of business or residence. 

1950 (46) 1841. 



294 



§52-4 Partnerships and Joint Stock Companies §52-12 

§ 52-4. Rules of construction; rules of law applicable; existing rights not af- 
fected. 

(1) The rule that statutes in derogation of the common law are to be 
strictly construed shall have no application to this chapter. 

(2) The law of estoppel shall apply under this chapter. 

(3) The law of agency shall apply under this chapter. 

(4) This chapter shall be so interpreted and construed as to effect its gen- 
eral purpose to make uniform the law of those states which enact substan- 
tially identical legislation. 

(5) This chapter shall not be construed so as to impair the obligations of 
any contract existing when the cbapter goes into effect, nor to affect any ac- 
tion or proceedings begun or right accrued before this chapter takes effect. 

1950 (46) 1841. 

§ 52-5. Rules for cases not provided for. 

In any case not provided for in this chapter the rules of law and equity, in- 
cluding the law merchant, shall govern. 

1950 (46) 1841. 

Article 2. 
Nature of Partnership. 

§ 52-11. Partnership defined ; application to limited partnerships. 

A partnership is an association of two or more persons to carry on as co- 
owners a business for profit. But any association formed under any other 
statute of this State or any statute adopted by authority, other than the au- 
thority of this State, is not a partnership under this chapter unless such asso- 
ciation would have been a partnership in this State prior to the adoption of 
this chapter on February 13 1950. 

But this chapter shall apply to limited partnerships except in so far as the 
statutes relating to such partnerships are inconsistent herewith. 

1950 (46) 1841. 

§ 52-12. Determination of existence of partnership. 

In determining whether a partnership exists, these rules shall apply: 

(1) Except as provided by § 52-28 persons who are not partners as to each 
other are not partners as to third persons ; 

(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint prop- 
erty, common property or part ownership does not of itself establish a part- 
nership, whether such co-owners do or do not share any profit made by the 
use of the property ; 

(3) The sharing of gross returns does not of itself establish a partnership, 
whether or not the persons sharing them have a joint or common right or 
interest in any property from which the returns are derived ; and 

(4) The receipt by a person of a share of the profits of a business is prima 
facie evidence that he is a partner in the business, but no such inference shall 
be drawn if such profits were received in payment : 

295 



§ 52-13 Code of Laws of South Carolina § 52-21 

(a) As a debt by installments or otherwise, 

(b) As wages of an employee or rent to a landlord, 

(c) As an annuity to a widow or representative of a deceased partner, 

(d) As interest on a loan, though the amount of payment vary with the 
profits of the business or 

(e) As the consideration for the sale of the good will of a business or other 
property by installments or otherwise. 

1950 (46) 1841. 

§ 52-13. Partnership property; acquisition and conveyance. 

(1) All property originally brought into the partnership stock or subse- 
quently acquired by purchase or otherwise, on account of the partnership, is 
partnership property. 

(2) Unless the contrary intention appears property acquired with partner- 
ship funds is partnership property. 

(3) Any estate in real property may be acquired in the partnership name. 
Title so acquired can be conveyed only in the partnership name. 

(4) A conveyance to a partnership in the partnership name, though with- 
out words of inheritance, passes the entire estate of the grantor unless a con- 
trary intent appears. 

1950 (46) 1841. 

Article 3. 
Relations of Partners to Persons Dealing with Partnership. 

§ 52-21. Partner's acts and agency; limitation of authority. 

(1) Every partner is an agent of the partnership for the purpose of its busi- 
ness and the act of every partner, including the execution in the partnership 
name of any instrument, for apparently carrying on in the usual w r ay the 
business of the partnership of which he is a member binds the partnership, 
unless the partner so acting has in fact no authority to act for the partner- 
ship in the particular matter and the person with whom he is dealing has 
knowledge of the fact that he has no such authority. 

(2) An act of a partner which is not apparently for the carrying on of the 
business of the partnership in the usual way does not bind the partnership 
unless authorized by the other partners. 

(3) Unless authorized by the other partners or unless they have abandoned 
the business, one or more but less than all the partners have no authority 
to: 

(a) Assign the partnership property in trust for creditors or on the as- 
signee's promise to pay the debts of the partnership, 

(b) Dispose of the good will of the business, 

(c) Do any other act which would make it impossible to carry on the ordi- 
nary business of a partnership, 

(d) Confess a judgment, or 

(e) Submit a partnership claim or liability to arbitration or reference. 

296 



§ 52-22 Partnerships and Joint Stock Companies § 52-24 

(4) No act of a partner in contravention of a restriction on authority shall 
bind the partnership to persons having knowledge of the restriction. 
1950 (46) 1841. 

§ 52-22. Conveyances of real property of partnership. 

(1) When title to real property is in the partnership name any partner 
may convey title to such property by a conveyance executed in the partner- 
ship name ; but the partnership may recover such property unless the part- 
ner's act binds the partnership under the provisions of paragraph (1) of § 52- 
21 or unless such property has been conveyed by the grantee or a person 
claiming through such grantee to a holder for value without knowledge that 
the partner, in making the conveyance, has exceeded his authority. 

(2) When title to real property is in the name of the partnership a convey- 
ance executed by a partner, in his own name, passes the equitable interest 
of the partnership, provided the act is one within the authority of the partner 
under the provisions of paragraph (1) of § 52-21. 

(3) When title to real property is in the name of 'one or more but not all the 
partners and the record does not disclose the right of the partnership, the 
partners in whose name the title stands may convey title to such property, 
but the partnership may recover such property if the partners' act does not 
bind the partnership under the provisions of paragraph (1) of § 52-21, unless 
the purchaser or his assignee is a holder for value without knowledge. 

(4) When the title to real property is in the name of one or more or all 
the partners or in a third person in trust for the partnership a conveyance 
executed by a partner in the partnership name or in his own name passes 
the equitable interest of the partnership, provided the act is one within the 
authority of the partner under the provisions of paragraph (1) of § 52-21. 

(5) When the title to real property is in the names of all the partners a 
conveyance executed by all the partners passes all their rights in such prop- 
erty. 

1950 (46) 1841. 

§ 52-23. Admission or representation by partner as evidence. 

An admission or representation made by any partner concerning partner- 
ship affairs within the scope of his authority as conferred by this chapter is 
evidence against the partnership. 

1950 (46) 1841. 

§ 52-24. Notice to or knowledge of partner. 

Notice to any partner of any matter relating to partnership affairs, the 
knowledge of the partner acting in the particular matter, acquired while a 
partner or then present to his mind, and the knowledge of any other partner 
who reasonably could and should have communicated it to the acting partner, 
operate as notice to or knowledge of the partnership, except in the case of a 
fraud on the partnership committed by or with the consent of that partner. 

1950 (46) 1841. 

297 



§ 52-25 Code of Laws of South Carolina § 52-28 

§ 52-25. Liability for wrongful act or omission of partner. 

When, by any wrongful act or omission of any partner acting in the ordinary 
course of the business of the partnership or with the authority of his co-part- 
ners, loss or injury is caused to any person, not being a partner in the partner- 
ship, or any penalty is incurred, the partnership is liable therefor to the same 
extent as the partner so acting or omitting to act. 

1950 (46) 1841. 

§ 52-26. Partnership bound by partner's breach of trust. 
The partnership is bound to make good the loss : 

(1) When one partner acting within the scope of his apparent authority 
receives money or property of a third person and misapplies it ; and 

(2) When the partnership in the course of its business receives money or 
property of a third person and the money or property so received is mis- 
applied by any partner while it is in the custody of the partnership. 

1950 (46) 1841. 

§ 52-27. Nature of partners' liability. 
All partners are liable: 

(1) Jointly and severally for everything chargeable to the partnership 
under §§ 52-25 and 52-26 ; and 

(2) Jointly for all other debts and obligations of the partnership; but any 
partner may enter into a separate obligation to perform a partnership contract. 

1950 (46) 1841. 

§ 52-28. Liability as partner by estoppel. 

(1) When a person, by words spoken or written or by conduct, represents 
himself or consents to another representing him to anyone as a partner in an 
existing partnership or with one or more persons not actual partners, he is 
liable to any such person to whom such representation has been made who 
has, on the faith of such representation, given credit to the actual or apparent 
partnership and if he has made such representation or consented to its being 
made in a public manner he is liable to such person, whether the representa- 
tion has or has not been made or communicated to such person so giving credit 
by or with the knowledge of the apparent partner making the representation 
or consenting to its being made. 

When a partnership liability results, he is liable as though he were an actual 
member of the partnership. When no partnership liability results, he is liable 
jointly with the other persons, if any, so consenting to the contract or repre- 
sentation as to incur liability, otherwise separately. 

(2) When a person has been thus represented to be a partner in an exist- 
ing partnership or with one or more persons not actual partners, he is an 
agent of the persons consenting to such representation to bind them to the 
same extent and in the same manner as though he were a partner in fact 
with respect to persons who rely upon the representation. When all the mem- 
bers of the existing partnership consent to the representation, a partnership 

29S 






§ 52-29 Partnerships and Joint Stock Companies § 52-42 

act or obligation results; but in all other eases it is the joint act or obligation 
of the person acting and the persons consenting to the representation. 
1950 (46) 1841. 

§ 52-29. Liability of incoming partner. 

A person admitted as a partner into an existing partnership is liable for 
all the obligations of the partnership arising before his admission as though 
he had been a partner when such obligations were incurred, except that this 
liability shall be satisfied only out of partnership property. 

1950 (46) 1841. 

Article 4. 

Relations of Partners to One Another. 

§ 52-41. Rules determining rights and duties of partners as to partnership. 

The rights and duties of the partners in relation to the partnership shall be 
determined, subject to any agreement between them, by the following rules : 

(1) Each partner shall be repaid his contributions, whether by way of capi- 
tal or advances to the partnership property, and share equally in the profits 
and surplus remaining after all liabilities, including those to partners, are 
satisfied. And each partner must contribute toward the losses, whether of cap- 
ital or otherwise, sustained by the partnership according to his share in the 
profits; 

(2) The partnership must indemnify every partner in respect of payments 
made and personal liabilities reasonably incurred by him in the ordinary and 
proper conduct of its business or for the preservation of its business or prop- 
erty; 

(3) A partner who in aid of the partnership makes any payment or advance 
beyond the amount of capital which he agreed to contribute shall be paid 
interest from the date of the payment or advance ; 

(4) A partner shall receive interest on the capital contributed by him only 
from the date when repayment should be made; 

(5) All partners have equal rights in the management and conduct of the 
partnership business ; 

(6) No partner is entitled to remuneration for acting in the partnership 
business, except that a surviving partner is entitled to reasonable compen- 
sation for his services in winding up the partnership affairs ; 

(7) No person can become a member of a partnership without the consent 
of all the partners ; and 

(8) Any difference arising as to ordinary matters connected with the part- 
nership business may be decided by a majority of the partners; but no act in 
contravention of any agreement between the partners may be done rightfully 
without the consent of all the partners. 

1950 (46) 1841. 

§ 52-42. Partnership books. 

The partnership books shall be kept, subject to any agreement between the 

299 



§ 52-43 Code of Laws of South Carolina § 52-51 

partners, at the principal place of business of the partnership and every part- 
ner shall at all times have access to and may inspect and copy any of them. 
1950 (46) 1841. 

§ 52-43. Duty of partners to give information. 

Partners shall render on demand true and full information of all things 
affecting the partnership to any partner or the legal representative of any 
deceased partner or any partner under a legal disability. 

1950 (-16) 1841. 

§ 52-44. Partner accountable as a fiduciary. 

(1) Every partner must account to the partnership for any benefit and 
hold as trustee for it any profits derived by him without the consent of the 
other partners from any transaction connected with the formation, conduct 
or liquidation of the partnership or from any use by him of its property. 

(2) This section applies also to the representative of a deceased partner 
engaged in the liquidation of the affairs of the partnership as the personal 
representative of the last surviving partner. 

1950 (46) 1841. 

§ 52-45. Right to formal accounting. 

Any partner shall have the right to a formal account as to partnership af- 
fairs : 

(1) If he is wrongfully excluded from the partnership business or pos- 
session of its property by his co-partners ; 

(2) If the right exists under the terms of any agreement; 

(3) As provided by § 52-44 ; or 

(4) Whenever other circumstances render it just and reasonable. 
1950 (46) 1841. 

§ 52-46. Continuation of partnership beyond fixed term. 

(1) When a partnership for a fixed term or particular undertaking is con- 
tinued after the termination of such term or particular undertaking without 
any express agreement the rights and duties of the partners remain the same 
as they were at such termination, so far as is consistent with a partnership 
at will. 

(2) A continuation of the business by the partners or such of them as 
habitually acted therein during the term, without any settlement or liquidation 
of the partnership affairs, is prima facie evidence of a continuation of the 
partnership. 

1950 (46) 1841. 

Article 5. 

Property Rights of Partner. 

§ 52-51. Extent of property rights. 
The property rights of a partner are: 
(1) His rights in specific partnership property; 

300 



§ 52-52 Partnerships and Joint Stock Companies § 52-54 

(2) His interest in the partnership ; and 

(3) His right to participate in the management of the partnership. 
1950 (46) 1841. 

§ 52-52. Nature of right in specific partnership property. 

(1) A partner is a co-owner with his partners of specific partnership prop- 
erty, holding as a tenant in partnership. 

(2) The incidents of his tenancy are such that : 

(a) A partner, subject to the provisions of this chapter and to any agree- 
ment between the partners, has an equal right with his partners to possess 
specific partnership property for partnership purposes but he has no right to 
possess such property for any other purpose without the consent of his part- 
ners ; 

(b) A partner's right in specific partnership property is not assignable ex- 
cept in connection with the assignment of rights of all the partners in the 
same property ; 

(c) A partner's right in specific partnership property is not subject to at- 
tachment or execution, except on a claim against the partnership and when 
partnership property is attached for a partnership debt the partners, or any 
of them, or the representatives of a deceased partner, cannot claim any right 
under the homestead or exemption laws ; 

(d) On the death of a partner his right in specific partnership property 
vests in the surviving partner or partners, except when the deceased was 
the last surviving partner in which case his right in such property vests in 
his legal representative; but such surviving partner or partners, or the legal 
representative of the last surviving partner, has no right to possess the part- 
nership property for any but a partnership purpose ; and 

(e) A partner's right in specific partnership property is not subject to 
dower, curtesy or allowances to widows, heirs or next of kin. 

1950 (46) 1841. 

§ 52-53. Nature of partner's interest in partnership. 

A partner's interest in the partnership is his share of the profits and sur- 
plus and is personal property. 

1950 (46) 1841. 

§ 52-54. Effect of assignment of partner's interest in partnership. 

(1) The conveyance by a partner of his interest in the partnership does not 
of itself dissolve the partnership nor, as against the other partners in the 
absence of agreement, entitle the assignee, during the continuance of the 
partnership, to interfere in the management or administration of the partner- 
ship business or affairs, to require any information or account of partnership 
transactions or to inspect the partnership books; but it merely entitles the 
assignee to receive in accordance with his contract the profits to which the 
assigning partner would otherwise be entitled. 

301 



§ 52-55 Code of Laws of South Carolina § 52-63 

(2) In case of a dissolution of the partnership, the assignee is entitled to 
receive his assignor's interest and may require an account from the date 
only of the last account agreed to by all partners. 

1950 (46) 1841. 

§52-55. Rights of creditor when partner judgment debtor; redemption of 
partner's interest. 

(1) On due application to a competent court by any judgment creditor 
of a partner, the court which entered the judgment, order or decree, or any 
other court, may charge the interest of the debtor partner with payment of the 
unsatisfied amount of such judgment debt with interest thereon and may then 
or later appoint a receiver of his share of the profits and of an}- other money due 
or to fall due to him in respect of the partnership and make all other orders, 
directions, accounts and inquiries which the debtor partner might have made 
or which the circumstances of the case may require. 

(2) The interest charged may be redeemed at any time before foreclosure 
or in case of a sale being directed by the court may be purchased without 
thereby causing a dissolution : 

(a) With separate property, by any one or more of the partners, or 

(b) With partnership property, by any one or more of the partners with 
the consent of all the partners whose interests are not so charged or sold. 

(3) Nothing in this chapter shall be held to deprive a partner of his right, 
if any, under the exemption laws, as regards his interest in the partnership. 

1950 (46) 1841. 

Article 6. 
Dissolution or Winding Up. 

§ 52-61. Dissolution defined. 

The dissolution of a partnership is the change in the relation of the part- 
ners caused by any partner ceasing to be associated in the carrying on as dis- 
tinguished from the winding up of the business. 

1950 (46) 1841. 

§ 52-62. Partnership not terminated by dissolution. 

On dissolution the partnership is not terminated, but continues until the 
winding up of partnership affairs is completed. 

1950 (46) 1841. 

§ 52-63. Causes of dissolution. 
Dissolution is caused : 
(1) Without violation of the agreement between the partners, 

(a) By the termination of the definite term or particular undertaking spe- 
cified in the agreement, 

(b) By the express will of any partner when no definite term or particular 
undertaking is specified, 

(c) By the express will of all the partners who have not assigned their in- 

302 



§52-64 Partnerships and Joint Stock Companies §52-65 

terests or suffered them to be charged for their separate debts, either before 
or after the termination of any specified term or particular undertaking, or 
(d) By the expulsion of any partner from the business bona fide in accord- 
ance with such a power conferred by the agreement between the partners ; 

(2) In contravention of the agreement between the partners, when the 
circumstances do not permit a dissolution under any other provision of this 
section, by the express will of any partner at any time ; 

(3) By any event wdiich makes it unlawful for the business of the part- 
nership to be carried on or for the members to carry it on in partnership; 

(4) By the death of any partner; 

(5) By the bankruptcy of any partner or the partnership ; or 

(6) By decree of court under § 52-64. 
1950 (46) 1841. 

§ 52-64. Dissolution by decree of court. 

(1) On application by or for a partner the court shall decree a dissolution 
whenever: 

(a) A partner has been declared a lunatic in any judicial proceeding or is 
shown to be of unsound mind, 

(b) A partner becomes in any other way incapable of performing his part 
of the partnership contract, 

(c) A partner has been guilty of such conduct as tends to affect prejudi- 
cially the carrying on of the business, 

(d) A partner willfully or persistently commits a breach of the partnership 
agreement or otherwise so conducts himself in matters relating to the part- 
nership business that it is not reasonably practicable to carry on the business 
in partnership with him, 

(e) The business of the partnership can only be carried on at a loss, or 

(f ) Other circumstances render a dissolution equitable. 

(2) On the application of the purchaser of a partner's interest under §§ 52- 
54 or 52-55 the court shall decree a dissolution : 

(a) After the termination of the specified term or particular undertaking 
or 

(b) At any time if the partnership was a partnership at will when the in- 
terest was assigned or when the charging order was issued. 

1950 (46) 1841. 

§ 52-65. Effect of dissolution on partner's authority to act. 

Except so far as may be necessary to wind up partnership affairs or to 
complete transactions begun but not then finished, dissolution terminates all 
authority of any partner to act for the partnership : 

( 1 ) With respect to the partners, 

(a) When the dissolution is not by the act, bankruptcy or death of a partner 
or 

(b) When the dissolution is by such act, bankruptcy or death of a partner 
when § 52-66 so requires ; and 

303 



§ 52-66 Code of Laws of South Carolina § 52-69 

(2) With respect to persons not partners, as declared in §§ 52-67 and 52-69. 
1950 (46) 1841. 

§ 52-66. Liability of partner for acts of other partner after dissolution. 

When the dissolution is caused by the act, death or bankruptcy of a part- 
ner, each partner is liable to his co-partners for his share of any liability cre- 
ated by any partner acting for the partnership as if the partnership had not 
been dissolved unless : 

(1) The dissolution being by act of any partner, the partner acting for the 
partnership had knowledge of the dissolution or 

(2) The dissolution being by the death or bankruptcy of a partner, the 
partner acting for the partnership had knowledge or notice of the death or 
bankruptcy. 

1950 (46) 1841. 

§ 52-67. Power of partner to bind partnership after dissolution. 

After dissolution a partner can bind the partnership except as provided in 
§52-69: 

(1) By any act appropriate for winding up partnership affairs or complet- 
ing transactions unfinished at dissolution or 

(2) By any transaction which would bind the partnership if dissolution had 
not taken place, provided the other party to the transaction 

(a) Had extended credit to the partnership prior to the dissolution and had 
no knowledge or notice of the dissolution or 

(b) Though he had not so extended credit, had nevertheless known of the 
partnership prior to dissolution and, having no knowledge or notice of dissolu- 
tion, the fact of dissolution had not been advertised in a newspaper of general 
circulation in the place (or in each place if more than one) at which the 
partnership business was regularly carried on. 

1950 (46) 1841. 

§ 52-68. How certain liability of partner satisfied. 

The liability of a partner under item (2) of § 52-67 shall be satisfied out of 
partnership assets alone when such partner had been prior to the dissolution : 

(1) Unknown as a partner to the person with whom the contract is made 
and 

(2) So far unknown and inactive in partnership affairs that the business 
reputation of the partnership could not be said to have been in any degree due 
to his connection with it. 

1950 (46) 1841. 

§ 52-69. When partnership not bound by partner after dissolution. 

The partnership is in no case bound by any act of a partner after dissolu- 
tion: 

(1) When the partnership is dissolved because it is unlawful to carry on 
the business, unless the act is appropriate for winding up partnership affairs; 

(2) When the partner has become bankrupt ; or 

304 



§ 52-70 Partnerships and Joint Stock Companies § 52-73 

(3) When the partner has no authority to wind up partnership affairs ; 
Except by a transaction with one who 

(a) Had extended credit to the partnership prior to the dissolution and 
had no knowledge or notice of his want of authority ; or 

(b) Had not extended credit to the partnership prior to the dissolution 
and, having no knowledge or notice of the acting partner's want of authority, 
the fact of such want of authority has not been advertised in the manner pro- 
vided for advertising the fact of dissolution in item (2) (b) of § 52-67. 

1950 (46) 1841. 

§ 52-70. Liability under § 52-28 not affected. 

Nothing in §§ 52-67 to 52-69 shall affect the liability under § 52-28 of any 
person who after dissolution represents himself or consents to another repre- 
senting him as partner in a partnership engaged in carrying on business. 

1950 (46) 1841. 

§ 52-71. Effect of dissolution on existing liability of partner. 

(1) The dissolution of the partnership does not of itself discharge the ex- 
isting liability of any partner. 

(2) A partner is discharged from any existing liability upon dissolution 
of the partnership by an agreement to that effect between himself, the part- 
nership creditor and the person or partnership continuing the business ; and 
such agreement may be inferred from the course of dealing between the credi- 
tor having knowledge of the dissolution and the person or partnership continu- 
ing the business. 

(3) When a person agrees to assume the existing obligations of a dissolved 
partnership the partners whose obligations have been assumed shall be dis- 
charged from any liability to any creditor of the partnership who, knowing 
of the agreement, consents to a material alteration in the nature or time of 
payment of such obligations. 

(4) The individual property of a deceased partner shall be liable for all ob- 
ligations of the partnership incurred while he was a partner but subject to 
the prior payment of his separate debts. 

1950 (46) 1841. 

§ 52-72. Right to wind up partnership affairs. 

Unless otherwise agreed the partners who have not wrongfully dissolved the 
partnership or the legal representative of the last surviving partner, not bank- 
rupt, has the right to wind up the partnership affairs. But any partner, his 
legal representative or his assignee, upon cause shown, may obtain a winding 
up by the court. 

1950 (46) 1841. 

§ 52-73. Application of property upon dissolution not in contravention of 
agreement. 
When dissolution is caused in any way, except in contravention of the 
partnership agreement, each partner, as against his co-partner and all per- 
[5 SC Code]— 20 305 



§ 52-74 Code of Laws of South Carolina § 52-75 

sons claiming through them in respect of their interests in the partnership, 
unless otherwise agreed, may have the partnership property applied to dis- 
charge its liabilities and the surplus applied to pay in cash the net amount 
owing to the respective partners. But if dissolution is caused by expulsion 
of a partner, bona fide under the partnership agreement, and if the expelled 
partner is discharged from all partnership liabilities, either by payment or 
agreement under item (2) of § 52-71, he shall receive in cash only the net 
amount due him from the partnership. 
1950 (-46) 1841. 

§ 52-74. Rights of partners upon dissolution in contravention of agreement. 

When dissolution is caused in contravention of the partnership agreement 
the rights of the partners shall be as follows : 

(1) Each partner who has not caused dissolution wrongfully shall have 

(a) All the rights specified in § 52-73 and 

(b) The right, as against each partner who has caused the dissolution 
wrongfully, to damages for breach of the agreement ; 

(2) The partners who had not caused the dissolution wrongfully, if they 
all desire to continue the business in the same name, either by themselves or 
jointly with others, may do so during the agreed term for the partnership and 
for that purpose may possess the partnership property, provided they secure 
the payment by bond approved by the court or pay to any partner who has 
caused the dissolution wrongfully, the value of his interest in the partnership 
at the dissolution, less any damages recoverable under item (1) (b) of this 
section and in like manner indemnify him against all present or future part- 
nership liabilities; and 

(3) A partner who has caused the dissolution wrongfully shall have : 

(a) If the business is not continued under the provisions of item (2) of this 
section all the rights of a partner under § 52-73, subject to item (1) (b) of this 
section and 

(b) If the business is continued under item (2) of this section the right, 
as against his co-partners and all claiming through them in Tespect of their 
interests in the partnership, to have the value of his interest in the partnership, 
less any damages caused to his co-partners by the dissolution, ascertained and 
paid to him in cash or the payment secured by bond approved by the court 
and to be released from all existing liabilities of the partnership ; but in as- 
certaining the value of the partner's interest the value of the good will of the 
business shall not be considered. 

1950 (46) 1841. 

§ 52-75. Rights when partnership agreement rescinded for fraud or misrepre- 
sentation. 

When a partnership contract is rescinded on the ground of the fraud or 
misrepresentation of one of the parties thereto the party entitled to rescind is, 
without prejudice to any other right, entitled : 

(1) To a lien on, or right of retention of, the surplus of the partnership 
property after satisfying the partnership liabilities to third persons for any 

306 [5SCCode] 



§ 52-76 Partnerships and Joint Stock Companies § 52-76 

sum of money paid by him for the purchase of an interest in the partnership 
and for any capital or advances contributed by him ; 

(2) To stand, after all liabilities to third persons have been satisfied, in 
the place of the creditors of the partnership for any payments made by him 
in respect of the partnership liabilities ; and 

(3) To be indemnified by the person guilty of the fraud or making the rep- 
resentation against all debts and liabilities of the partnership. 

1950 (46) 1841. 

§ 52-76. Settlement of accounts between partners ; rules for distribution. 

In settling accounts between the partners after dissolution the following 
rules shall be observed, subject to any agreement to the contrary: 

(1) The assets of the partnership are : 

(a) The partnership property, 

(b) The contributions of the partners necessary for the payment of all 
the liabilities specified in item (2) of this section ; 

(2) The liabilities of the partnership shall rank in order of payment, as 
follows : 

(a) Those owing to creditors other than partners, 

(b) Those owing to partners other than for capital and profits, 

(c) Those owing to partners in respect of capital, and 

(d) Those owing to partners in respect of profits ; 

(3) The assets shall be applied in the order of their declaration in item (1) 
of this section to the satisfaction of the liabilities ; 

(4) The partners shall contribute, as provided by § 52-41 the amount nec- 
essary to satisfy the liabilities; but if any, but not all, of the partners are 
insolvent or, not being subject to process, refuse to contribute, the other 
partners shall contribute their share of the liabilities and, in the relative pro- 
portions in which they share the profits, the additional amount necessary to 
pay the liabilities; 

(5) An assignee for the benefit of creditors or any person appointed by 
the court shall have the right to enforce the contributions specified in item 
(4) of this section ; 

(6) Any partner or his legal representative shall have the right to enforce 
the contributions specified in item (4) of this section to the extent of the 
amount which he has paid in excess of his share of the liability ; 

(7) The individual property of a deceased partner shall be liable for the 
contributions specified in item (4) of this section; 

(8) When partnership property and the individual properties of the part- 
ners are in possession of a court for distribution, partnership creditors shall 
have priority on partnership property and separate creditors on individual 
property, saving the rights of lien or secured creditors as heretofore; and 

(9) When a partner has become bankrupt or his estate is insolvent the 
claims against his separate property shall rank in the following order: 

(a) Those owing to separate creditors, 

(b) Those owing to partnership creditors, and 

307 



§ 52-77 Code of Laws of South Carolina § 52-77 

(c) Those owing to partners by way of contribution. 
1950 (46) 1841. 

§ 52-77. Liability of persons continuing business in certain cases. 

(1) When any new partner is admitted into an existing partnership or when 
any partner retires and assigns (or the representative of the deceased partner 
assigns) his rights in partnership property to two or more of the partners or 
to one or more of the partners and one or more third persons, if the business 
is continued without liquidation of the partnership affairs, creditors of the 
first or dissolved partnership are also creditors of the partnership so continu- 
ing the business. 

(2) When all but one partner retire and assign (or the representative of 
a deceased partner assigns) their rights in partnership property to the re- 
maining partner, who continues the business without liquidation of partner- 
ship affairs, either alone or with others, creditors of the dissolved partnership 
are also creditors of the person or partnership so continuing the business. 

(3) When any partner retires or dies and the business of the dissolved part- 
nership is continued as set forth in items (1) or (2) of this section, with the 
consent of the retired partners or the representative of the deceased partner 
but without any assignment of his right in partnership property the rights 
of creditors of the dissolved partnership and of the creditors of the person or 
partnership continuing the business shall be as if such assignment had been 
made. 

(4) When all the partners or their representatives assign their rights in 
partnership property to one or more third persons who promise to pay the 
debts and who continue the business of the dissolved partnership creditors 
of the dissolved partnership are also creditors of the person or partnership 
continuing the business. 

(5) When any partner wrongfully causes a dissolution and the remaining 
partners continue the business under the provisions of item (2) of § 52-74 
either alone or with others and without liquidation of the partnership affairs, 
creditors of the dissolved partnership are also creditors of the person or part- 
nership continuing the business. 

(6) When a partner is expelled and the remaining partners continue the 
business either alone or with others, without liquidation of the partnership 
affairs, creditors of the dissolved partnership are also creditors of the person 
or partnership continuing the business. 

(7) The liability of a third person becoming a partner in the partnership 
continuing the business, under this section, to the creditors of the dissolved 
partnership shall be satisfied out of partnership property only. 

(8) When the business of a partnership after dissolution is continued under 
any conditions set forth in this section the creditors of the dissolved partner- 
ship, as against the separate creditors of the retiring or deceased partner or 
the representative of the deceased partner, have a prior right to any claim of 
the retired partner or the representative of the deceased partner against the 
person or partnership continuing the business on account of the retired or 

308 



§ 52-78 Partnerships and Joint Stock Companies § 52-79 

deceased partner's interest in the dissolved partnership or on account of any 
consideration promised for such interest or for his right in partnership prop- 
erty. 

(9) Nothing in this section shall be held to modify any right of creditors 
to set aside any assignment on the ground of fraud. 

(10) The use by the person or partnership continuing the business of the 
partnership name or the name of a deceased partner as part thereof shall 
not of itself make the individual property of the deceased partner liable for 
any debts contracted by such person or partnership. 

1950 (46) 1841. 

§ 52-78. Rights of retiring partner or estate of deceased partner when business 
is continued. 

'When any partner retires or dies and the business is continued under any of 
the conditions set forth in § 52-77 or item (2) of § 52-74, without any settle- 
ment of accounts as between him or his estate and the person or partnership 
continuing the business, unless otherwise agreed, he or his legal representa- 
tive as against such persons or partnership may have the value of his in- 
terest at the date of dissolution ascertained and shall receive as an ordinary 
creditor an amount equal to the value of his interest in the dissolved partner- 
ship with interest or, at his option or at the option of his legal representative, 
in lieu of interest, the profits attributable to the use of his right in the property 
of the dissolved partnership. But the creditors of the dissolved partnership 
as against the separate creditors or the representatives of the retired or de- 
ceased partner shall have priority on any claim arising under this section, as 
provided by item (8) of § 52-77. 

1950 (46) 1841. 

§ 52-79. Accrual of right to an account. 

The right to an account of his interest shall accrue to any partner or his 
legal representative as against the winding up partners or the surviving part- 
ners or the person or partnership continuing the business at the date of dis- 
solution, in the absence of any agreement to the contrary. 

1950 (46) 1841. 



CHAPTER 2. 

Limited Partnerships. 

Sec. Sec. 

52-101. Authorized except for banking and 52-106. Effect of false statement in certif- 

insurance. icate. 

52-102. General and special partners and 52-107. Affidavit of contributions by each 

their liabilities. partner to be filed. 

52-103. Certificate required; contents. 52-108. Publication of terms; partnership 

52-104. Certificate to be proved. general if not made. 

52-105. Certificate to be recorded in clerk's 52-109. Proof of publication. 

office. 52-110. When partnership deemed formed. 

309 



§52-101 



Code of Laws of South Carolina 



§52-102 



Sec. 

52-111. Firm name, etc. 

52-112. Towers of general and special 

partners. 
52-113. Suits to be conducted by and 

against general partners. 
52-114. Permissible activities of special 

partner. 
52-115. General partners to account. 
52-116. No part of the capital stock to be 

withdrawn; interest allowed in 

certain cases. 
52-117. When suit may be brought against 

special partner. 
52-1 IP. Punishment of partners for fraud. 
52-119. Certain transfers, preferences, judg- 
ments, etc., void. 



Sec. 

52-120. Certain transfers of effects of part- 
ner void. 

52-121. Such transfers make special part- 
ners liable as general partners. 

52-122. When special partner may not claim 
as a creditor. 

52-123. Provisions for continuance or ter- 
mination after death of partner. 

52-124. Renewals of partnerships. 

52-125. Special partnerships dissolved by 
alterations deemed general. 

52-126. No dissolution without notice; 
publishing, filing, etc. 

52-127. Clerk's fees. 

52-128. Provisions as to name and sign 
inapplicable to special partners. 



§ 52-101. Authorized except for banking and insurance. 

Limited partnerships for the transaction of business of any character which 
under the laws of this State may now be conducted by a partnership con- 
sisting only of general partners, including the business of underwriting and 
dealing in securities within this State, may be formed by two or more persons, 
upon the terms, with the rights and powers and subject to the conditions and 
liabilities herein described; but these provisions shall not be construed to 
authorize any such partnership for the purpose of banking or making insur- 
ance. 

1942 Code 7799; 1932 Code §7799; Civ C. '22 §3850; Civ. C. '12 §2538; Civ. C. '02 
§1680: G. S. 1303; R. S. 1407; 1737 (6) 578, 587; 1846 (11) 365; 1866 (13) 431; 1943 
(43) 245. 

Answer as admission of general partner- eral partnership and not limited partner- 
ship. — Answer and statement by defendant's ship under this section. Spool Cotton Co. 
attorney was held to be admission of gen- v. King, 6S S. C. 196, 46 S. E. 1005 (1904). 

§ 52-102. General and special partners and their liabilities. 

Such partnerships may consist of one or more persons, who shall be called 

general partners (who shall be jointly and severally responsible, as general 

partners are by law), and of one or more persons who shall contribute, in 

actual cash payments, a specific sum as capital to the common stock, who shall 

be called a special partner or partners and who shall not be liable for the 

debts of the partnership beyond the funds so contributed by him or them 

to the capital. 

1942 Code § 7800; 1932 Code § 7800; Civ. C. '22 § 3851; Civ. C. '12 § 2539; Civ. C. '02 
§ 1681; G. S. 1304: R. S. 1408; 1737 (6) 579. 

This section made no change in the na- bilities which all partners in a general 

ture of a contract by a general partnership, partnership assume. Pope Mfg. Co. v. 

but simply imposed on general partners in Charleston Cycle Co., 55 S. C. 528, 32 S. E. 

a limited partnership the same responsi- 787 (1899). 



310 



§52-103 Partnerships and Joint Stock Companies §£2-105 

§ 52-103. Certificate required; contents. 

The persons desirous of forming any such partnership shall make and 
severally sign, in the presence of two subscribing witnesses, a certificate which 
shall contain : 

(1) The name of the firm under which such partnership is to be conducted; 

(2) The general nature of the business intended to be transacted ; 

(3) The names of all the general and special partners interested therein, 
distinguishing which are general and which are special partners, and their 
respective places of residence; 

(4) The amount of capital which each special partner shall have contributed 
to the common stock ; 

(5) The time at which the partnership is to commence and the time at 
which it will terminate ; and 

(6) The powers, if any, of the special partners to transact business and 
to sign for the partnership. 

1942 Code § 7802; 1932 Code § 7802; Civ. C. '22 § 3SS3; Civ. C. '12 § 2541; Civ. C. 
'02 § 1683; G. S. 1306; R. S. 1410; 1737 (6) 579; 1943 (43) 245. 

Liability for failure to comply with sec- stantially complied with by a statement of 

tion. — Where this section is not substantial- the aggregate sum contributed by all the 

ly complied with, the special partners are special partners. Spencer Optical Mfg. Co. 

liable as if they were general partners. v. Johnson, 53 S. C. 533. 31 S. E. 392 (1898). 
Spencer Optical Mfg. Co. v. Johnson, 53 Evidence of payment of contributions. — 

S. C. 533, 31 S. E. 392 (1898). Evidence is not admissible to show how the 

Insufficient statement of capital contrib- special partners in a limited partnership 
uted. — The provision that a certificate to paid their contributions, i. e. whether in- 
form a limited partnership shall contain, dividually or as a firm. The certificate re- 
inter alia, a statement of the amount of quired by this section must speak for itself 
capital which each special partner has con- in regard thereto. Spencer Optical Mfg. Co. 
tributed to the common stock is not sub- v. Johnson, 53 S. C. 533, 31 S. E. 392 (1898). 

§ 52-104. Certificate to be proved. 

The certificate shall be proved in the same manner that deeds of convey- 
ances for lands are required by law to be proved. 

1942 Code § 7803; 1932 Code § 7803; Civ. C. '22 § 3854; Civ. C. '12 § 2542; Civ. C. '02 
§ 1684; G. S. 1307: R. S. 1411; 1737 (6) 579. 

§ 52-105. Certificate to be recorded in clerk's office. 

The certificate so proved, with the probate, shall be filed in the office of 

the clerk- of the court of that county in which the principal place of business 

of the partnership shall be situated and shall also be recorded by him, at 

large, in a book so kept for that purpose, open to public inspection. If the 

partnership shall have places of business situated in different counties a 

transcript of the certificate and of the probate thereof, duly certified by the 

clerk in whose office it shall be filed, under his official seal, shall be filed and 

recorded in like manner in the office of the clerk of the court in every such 

county. 

1942 Code § 7804; 1932 Code § 7804; Civ. C. '22 § 3855; Civ. C. '12 § 2543; Civ. C. '02 
§ 1685; G. S. 1308; R. S. 1412; 1737 (6) 579. 

311 



§52-106 Code of Laws of South Carolina §52-110 

§ 52-106. Effect of false statement in certificate. 

If any false statement be made in such certificate or affidavit all the persons 

interested in such partnership shall be liable for all the engagements thereof 

as general partners. 

1942 Code §7806; 1932 Code §7806; Civ. C. '22 §3857; Civ. C. '12 §2545; Civ. C. '02 
§ 16S7; G. S. 1310; R. S. 1414; 1737 (6) 579. 

Quoted in Spencer Optical Mfg. Co. v. 
Johnson, 53 S. C. 533, 31 S. E. 392 (1898). 

§ 52-107. Affidavit of contributions by each partner to be filed. 

At the time of filing the original certificate with the evidence of the exe- 
cution thereof, as before directed, an affidavit of one or more of the general 
partners shall also be filed in the same office, stating that the sums specified 
in the certificate to have been contributed by each of the special partners to 
the common stock have been actually, and in good faith, paid in cash. 

1942 Code § 7805; 1932 Code § 7805; Civ. C. '22 § 3856; Civ. C. '12 § 2544; Civ. C. 
'02 § 1686; G. S. 1309; R. S. 1413; 1737 (6) 579. 

Quoted in Spencer Optical Mfg. Co. v. 
Johnson, 53 S. C. 533, 31 S. E. 392 (1898). 

§ 52-108. Publication of terms ; partnership general if not made. 

The partners shall publish the terms of the partnership, when registered, 
for at least once a week for six weeks immediately after such registry in any 
one of the newspapers in the county in which the business of such partner- 
ship is carried on. And if no newspaper be published in such county, then 
the notice thereof shall be published as aforesaid in any one of the newspapers 
of any adjoining county in which newspapers or a newspaper may be pub- 
lished and be posted up on the door of the court house of the county in which 
the firm may be located. If such publication be not made nor such notice given, 
for the time prescribed, the partnership shall be deemed general. 

1942 Code § 7807; 1932 Code § 7807; Civ. C. '22 § 3858; Civ. C. '12 § 2546; Civ .C. 
'02 1688; G. S. 1311; R. S. 1737 (6) 579; 1859 (12) 833. 

§ 52-109. Proof of publication. 

Affidavits of the publication of such notice by the printers of the newspapers 
in which it shall be published may be filed with the clerk in whose office the 
original certificate shall have been recorded and shall be evidence of the facts 
therein stated. 

1942 Code § 7808; 1932 Code § 7808; Civ. C. '22 § 3859; Civ. C. '12 § 2547; Civ. C. 
'02 § 1689; G. S. 1312; R. S. 1416; 1837 (6) 579. 

§ 52-110. When partnership deemed formed. 

No such partnership shall be deemed to have been formed until such a 
certificate shall have been made, proved, filed and recorded, nor until an affi- 
davit shall have been filed, as above directed. 



312 



§52-111 Partnerships and Joint Stock Companies §52-116 

1942 Code § 7806; 1932 Code § 7806; Civ. C. '22 § 3857; Civ. C. '12 § 2545; Civ. C. 
'02 § 16S7; G. S. 1310; R. S. 1414; 1737 (6) 579. 

Quoted in Spencer Optical Mfg. Co. v. 
Johnson, 53 S. C. 533, 31 S. E. 392 (1898). 

§52-111. Firm name, etc. 

The business of the partnership shall be conducted under a firm name, in 
which the name or names of the general partner or partners only shall be insert- 
ed, without the addition of the word "company" or any other general term. If 
the name of any special partner shall be used in such firm name with his privity 
he shall be deemed a general partner. 

1942 Code § 7811; 1932 Code § 7811; Civ. C. '22 § 3S62; Civ. C. '12 § 2550; Civ. C. 
•02 § 1692; G. S. 1315; R. S. 1419; 1837 (6) 580. 

§ 52-112. Powers of general and special partners. 

Unless otherwise stated in the certificate of partnership the general part- 
ners only shall be authorized to transact business and sign for the partnership 
and to bind it, but limited partners may be authorized to transact business and 
sign for the partnership if so provided in the certificate of partnership. 

1942 Code § 7801; 1932 Code § 7801; Civ. C. '22 § 3852; Civ. C. '12 § 2540; Civ. C. 
'02 § 1682; G. S. 1305; R. S. 1409; 1737 (6) 579; 1943 (43) 245. 

§ 52-113. Suits to be conducted by and against general partners. 

Suits in relation to the business of the partnership shall be brought and 

conducted by and against the general partners in the same manner as if there 

were no special partners. 

1942 Code § 7812; 1932 Code § 7812; Civ. C. '22 § 3863; Civ. C. '12 § 2551; Civ. C. 
'02 § 1693; G. S. 1316; R. S. 1420; 1837 (6) 580. 

§ 52-114. Permissible activities of special partner. 

A special partner may, from time to time, examine into the state and 

progress of the partnership concerns and may advise as to their management. 

But if without appropriate provisions in the certificate of partnership he shall 

take any active part in transacting the business of the partnership, except as 

attorney, counsel or solicitor, he shall be liable as a general partner. 

1942 Code § 7813; 1932 Code § 7813; Civ. C. '22 § 3864; Civ. C. '12 § 2552; Civ. C. 
'02 § 1694; G. S. 1317; R. S. 1421; 1837 (6) 580; 1943 (43) 245. 

§ 52-115. General partners to account. 

The general partners shall be liable to account to each other and to the 

special partners for the management of their concerns, both in law and equity, 

as other partners are by law. 

1942 Code § 7814; 1932 Code § 7814; Civ. C. '22 § 3865; Civ. C. '12 § 2553; Civ. C. 
'02 § 1695; G. S. 1318; R. S. 1422: 1S37 (6) 580. 

§52-116. No part of the capital stock to be withdrawn; interest allowed in 
certain cases. 
No part of the sum which any special partner shall have contributed to the 
capital stock shall be withdrawn by him or paid, loaned or transferred to him 

313 



§52-117 Code of Laws of South Carolina §52-120 

as profits, dividends or otherwise at any time during the continuance of the 
partnership. But any partner may annually receive lawful interest on the 
sum so contributed by him, if the payment of such interest shall not reduce 
the original amount of the capital after payment of all the debts of the part- 
nership. And if, after the payment of such debts and interest, any profits 
shall remain, he may receive his portion thereof. 

1942 Code § 7822; 1932 Code § 7822; Civ. C. '22 § 3873; Civ. C. '12 § 2561; Civ. C. 
'02 § 1703; G. S. 1329; R. S. 1430; 1837 (6) 5S0. 

§ 52-117. When suit may be brought against special partner. 

Any creditor of a limited partnership may, at his option, include in his 
suit against such a partnership the special partner or partners, who may be- 
come liable as general partners by failure to comply with the provisions of 
this chapter. And all the facts necessary to affirm or negative the liability of 
such a special partner or partners may be given in evidence under the gen- 
eral issue. But the failure of the plaintiff to establish such liability shall 
not be cause of nonsuit. 

1942 Code § 7823; 1932 Code § 7823; Civ. C. '22 § 3874; Civ. C. '12 § 2562; Civ. C. 
'02 § 1704; G. S. 1330: R. S. 1431; 1837 (6) 580. 

Applied in Spencer Optical Mfg. Co. v. 
Johnson, 53 S. C. 533, 31 S. E. 392 (1898). 

§ 52-118. Punishment of partners for fraud. 

Every partner who shall be guilty of any fraud in the affairs of the part- 
nership shall be liable civilly to the party injured to the extent of his damages 
and shall also be liable to an indictment for a misdemeanor, punishable by 
fine or imprisonment or both, in the discretion of the court by which he shall 
be tried. 

1942 Code § 7815; 1932 Code § 7815; Civ. C. '22 § 3S66; Civ. C. '12 § 2554; Civ. C. 
'02 § 1696; G. S. 1319; R. S. 1423; 1837 (6) 5S0. 

§ 52-119. Certain transfers, preferences, judgments, etc., void. 

Every sale, assignment or transfer of any of the property or effects of such 
a partnership made by such a partnership when insolvent, in contemplation 
of insolvency or after or in contemplation of the insolvency of any partner, 
with the intent of giving a preference to any creditor of such partnership or 
insolvent partner over other creditors of such partnership, and every judg- 
ment confessed, lien created or security given by such partnership under the 
like circumstances and with the like intent, shall be void as against the cred- 
itors of such partnership. 

1942 Code § 7816; 1932 Code § 7816; Civ. C. '22 § 3867; Civ. C. '12 § 2555; Civ. C. 
'02 § 1697; G. S. 1320; R. S. 1424; 1837 (6) 580. 

§ 52-120. Certain transfers of effects of partner void. 

Every such sale, assignment or transfer of any of the property or effects of 
a general or special partner made by such general or special partner when 
insolvent, in contemplation of insolvency or after or in contemplation of the 
insolvency of the partnership, with the intent of giving to any creditor of 

314 



§ 52-121 Partnerships and Joint Stock Companies § 52-125 

his own or of the partnership a preference over the creditors of the part- 
nership, and every judgment confessed, lien created or security given by 
any such partner under the like circumstances and with the like intent shall 
be void as against the creditors of the partnership. 

1942 Code § 7S17; 1932 Code § 7817; Civ. C. '22 § 3868; Civ. C. '12 § 2556; Civ. C. 
•02 § 169S; G. S. 1321; R. S. 1425; 1837 (6) 580. 

§ 52-121. Such transfers make special partners liable as general partners. 

Every special partner who shall violate any provision of § 52-119 or § 52-120 

or who shall concur in or consent to any such violation by the partnership or 

by any individual partner shall be liable as a general partner. 

1942 Code § 7818: 1932 Code § 7818; Civ. C. '22 § 3869; Civ. C. '12 § 2557; Civ. C. 
'02 § 1699; G. S. 1322; R. S. 1426; 1837 (6) 580. 

§ 52-122. V/hen special partner may not claim as a creditor. 

In case of the insolvency or bankruptcy of the partnership no special part- 
ner shall under any circumstances be allowed to claim as a creditor until 
the claims of all the other creditors of the partnership shall be satisfied. 

1942 Code § 7819; 1932 Code § 7819; Civ. C. '22 § 3870; Civ. C. '12 § 255S; Civ. C. 
'02 § 1700; G. S. 1323; R. S. 1427; 1837 (6) 580. 

§ 52-123. Provisions for continuance or termination after death of partner. 

Provisions may be made in the certificate for the termination of the partner- 
ship upon the death of any general or special partner or for the continuance 
of the partnership after the death of any general or special partner for any 
specified time not exceeding six months. 

1943 (43) 245. 

§ 52-124. Renewals of partnerships. 

Every renewal or continuance of such a partnership beyond the time orig- 
inally fixed for its duration shall be certified, proved and recorded and an 
affidavit of a general partner be made and filed and notice be given in the 
manner herein required for its original formation. And every such part- 
nership which shall be otherwise renewed or continued shall be deemed a 
general partnership. 

1942 Code § 7809; 1932 Code § 7809; Civ. C. '22 § 3860; Civ. C. '12 § 2548; Civ. C. 
'02 § 1690; G. S. 1313; R. S. 1417; 1837 (6) 580. 

§ 52-125. Special partnerships dissolved by alterations deemed general. 

Every alteration which shall be made in the names of the partners, in 

the nature of the business, in the capital or shares thereof or in any other 

matter specified in the original certificate shall be deemed a dissolution 

of the partnership and every such partnership which shall in any manner be 

carried on afier such alteration shall have been made shall be deemed a 

general partnership, unless renewed as a limited partnership according to 

the provisions of § 52-124. 

1942 Code § 7810; 1932 Code § 7810; Civ. C. '22 § 3861; Civ. C. '12 § 2549; Civ. C. 
'02 § 1691; G. S. 1314; R. S. 1418; 1837 (6) 580. 

315 



§ 52-126 Code of Laws of South Carolina § 52-152 

§ 52-126. No dissolution without notice ; publishing, filing, etc. 

No dissolution of such partnership by the acts of the parties shall take 

place previous to the time specified in the certificate of its formation or in 

the certificate of its renewal until a notice of such dissolution shall have 

been filed and recorded in the clerk's office in which the original certificate 

ws recorded, published for three months in two or more newspapers most 

contiguous to the place or places where such partnership exists and posted 

on the door of the courthouse of the county in which the partnership ma} 7 

be located. 

1942 Code § 7S20; 1932 Code § 7820: Civ. C. '22 § 3871; Civ. C. '12 § 2559; Civ. C. 
'02 § 1701; G. S. 1324; R. S. 1428; 1837 (6) 580. 

§52-127. Clerk's fees. 

The clerk of the court shall receive for his services the same compensation 
allowed by law to the registers of mesne conveyances or the clerks in coun- 
ties where there are no such registers for similar services. 

1942 Code § 7821; 1932 Code § 7821; Civ. C. '22 § 3872; Civ. C. '12 § 2560; Civ. C. 
'02 § 1702; G. S. 1325; R. S. 1429; 1837 (6) 580. 

§ 52-128. Provisions as to name and sign inapplicable to special partners. 

Nothing contained in chapter 1 of Title 48 shall apply to the special partners 

of a limited partnership. 

1942 Code § 7824; 1932 Code § 7824; Civ. C. '22 § 3875; Civ. C. '12 § 2565; Civ. C 
'02 § 1707; G. S. 1328; R. S. 1434; 1837 (6) 581. 



CHAPTER 3. 

Joint Stock Companies. 

Sec. Sec. 

52-151. Recordation of articles of certain 52-154. Liability of shareholders for debt 

joint stock companies. after transfer; how discharged. 

52-152. Clerk to keep books for recording 52-155. Chapter not applicable to chartered 

articles; his fees. companies. 

52-153. How suits may be brought. 

§ 52-151. Recordation of articles of certain joint stock companies. 

Every joint stock company issuing scrip or certificates for shares transfer- 
able at the will of the holder thereof formed after December 23 1879 shall, 
within thirty days after its formation, cause the articles of their agreement 
and association to be recorded in the office of the clerk of the court of com- 
mon pleas of the county, with the names of the stockholders and the numbers 
of the shares held by each in every county in which it has an office or agency 
at which its business is carried on. 

1942 Code § 7791; 1932 Code § 7791; Civ. C. '22 § 5065; Civ. C. '12 § 3331; Civ. C. 
'02 § 2224; G. S. 1405; R. S. 1771; 1879 (17) 70. 

§ 52-152. Clerk to keep books for recording articles ; his fees. 

The clerks of the courts of the respective counties shall be required to keep 

316 



§ 52-153 Partnerships and Joint Stock Companies § 52-155 

proper books for recording such articles of agreement and association and 
shall be entitled to the same fees to which the registers of mesne conveyances 
or the clerks of court in counties where there are no such registers are en- 
titled for recording other papers and twenty-five cents for registering each 
transfer of shares. 

1942 Code § 7794: 1932 Code § 7794; Civ. C. '22 § 5068; Civ. C. '12 § 3334; Civ. C. 
'02 § 2227; G. S. 1408: R. S. 1774; 1879 (17) 70. 

§52-153. How suits may be brought. 

Actions by or against such companies may be brought by or against them 

in the name of the company or association, without naming the shareholders 

therein. 

1942 Code § 7792; 1932 Code § 7792; Civ. C. '22 § 5066; Civ. C. '12 § 3332; Civ. C. 
'02 § 2225; G. S. 1406; R. S. 1772; 1879 (17) 70. 

§ 52-154. Liability of shareholders for debt after transfer; how discharged. 

No transfer of stock or shares shall avail to discharge the shareholders trans- 
ferring such stock or shares from liability to a- third person for debts con- 
tracted after such transfer until it has been reported to the clerk of the court 
where the articles of association of any such company are recorded and by 
him or his deputy entered in a column to be kept for that purpose annexed 
or in connection with the list of shareholders previously recorded. 

1942 Code § 7793; 1932 Code 7793; Civ. C. '22 § 5067; Civ. C. '12 § 3333; Civ. C. 
'02 § 2226; G. S. 1407; R. S. 1773; 1879 (17) 70. 

§ 52-155. Chapter not applicable to chartered companies. 

The provisions of this chapter shall not apply to companies or corpora- 
tions chartered by act of the General Assembly. 

1942 Code § 7795; 1932 Code § 7795; Civ. C. '22 § 5069; Civ. C. '12 § 3335; Civ. C. 
'02 § 2228; G. S. 1409; R. S. 1775; 1879 (17) 70. 



317 



Title 53. 
Peace Officers.* 

Chap. 1. General Provisions, §§ 53-1 to 53-9. 

2. Sheriffs and Deputy Sheriffs Generally, §§ 53-51 to 53-234. 

3. Police Commissioners in Cities of 20,000 to 50.000, §§ 53-251 to 53- 

258. 

4. Police Districts in Unincorporated Communities, §§ 53-301 to 53-313. 

5. Rural and Other County Police, §§ 53-351 to 53-709. 
5.1. Certain Special State Constables, §§ 53-731 to 53-736. 

6. Special Investigator in Fifth Circuit, §§ 53-751 to 53-756. 

7. Police Civil Service Commission for Aiken, §§ 53-801 to 53-819. 

8. Miscellaneous Local Provisions, §§ 53-851 to 53-868. 



CHAPTER 1. 
General Provisions. 

Chapter 1. Sec. 

General Provisions. 53-5. Bonds of peace officers without pay 

g ec appointed by Governor. 

.,,„,. . ... 53-6. Quarterly reports of peace officers 

53-1. Police of any city or town may ar- without pay. 



rest within one mile of corporate 

limits. 



53-7. Reports of arrests in counties con- 
taining cities or towns of over 
53-2. Peace officers not to be employed on , .r , 

... five thousand, 

contingent basis. 

53-3. Governor may appoint special, depu- 53 - 8 - Pea . ce officers to file monthly reports 
ties, constables, etc.; compensa- m certain counties, 

tion, removal and term. 53-9. Counties may purchase bloodhounds, 

53-4. Powers of Governor with respect to etc. 

State constables. 

§ 53-1. Police of any city or town may arrest within one mile of corporate 

limits. 

The police authorities of all cities and towns of this State may make arrests 

of all offenders against the municipal ordinances and statutes of this State 

committed within the corporate limits or at any place within a radius of one 



* For constitutional provisions concerning police regulations, see S. C. Const., Art. 8, 
§§ 1 to 14. As to civil remedies and procedure generally, see Title 10. As to counties 
generally, see Title 14. As to courts generally, see Title 15. As to criminal procedure 
generally, see Title 17. As to fees and costs generally, see Title 27. As to magistrates 
and constables generall}', see Title 43. As to powers and appointment of State Hospital 
police, see § 32-979. As to enforcement of motor vehicle laws by State Highway Patrol, 
see §§ 46-851 to 46-856. As to policemen in cities and towns of over one thousand in- 
habitants, see § 47-232. As to term and removal of peace officers in towns between thirty- 
two and thirty-three hundred, see §£ 47-328. 47-329. As to peace officers in certain cities, 

319 



§ 53-2 Code of Laws of South Carolina § 53-4 

mile of the corporate limits, with or without a warrant, when such police 

authorities are in pursuit of such offender. 

1942 Code §§910, 7365; 1932 Code §§910, 736S; Civ. C. '22 §4497; Cr. P. '22 §4; Civ. 
C. '12 §3063; Cr. P. '12 §4; 1908 (25) 1089. 

§ 53-2. Peace officers not to be employed on contingent basis. 

No peace officer shall be employed within the State on a contingent basis 
whereby such officer receives as compensation any share of fines collected by 
him or through his efforts and any such peace officer accepting such employ- 
ment on a contingent basis or receiving or accepting any part of the fines 
collected by him or through his efforts as compensation shall be guilty of 
a misdemeanor and upon conviction shall be fined or imprisoned in the dis- 
cretion of the court. 

194S (45) 1643. 

§ 53-3. Governor may appoint special deputies, constables, etc; compensa- 
tion, removal and term. 

The Governor may, at his discretion, appoint such deputies, constables 
and detectives as he may deem necessary to assist in detection of crime and 
the enforcement of any criminal laws of this State, the salaries and expenses 
of such deputies, constables and detectives appointed to be paid as pro- 
vided for by law. Appointments by the Governor may be made hereunder 
without compensation from the State. Any appointments made hereunder 
may be revoked by the Governor at his pleasure, whether the appointee be 
paid by the State or not. All appointments under the provisions of this 
section shall expire sixty days after the expiration of the term of the Gover- 
nor making such appointments. 

1942 Code §3096; 1932 Code §3096; 1923 (33) 132. 

Highway patrolman's powers as State a State constable, it is his duty in making 
constable. — Where a highway patrolman an arrest to state his official character and 
is also a State constable, he is vested with the cause of the arrest, exhibiting his war- 
all the powers of a peace officer of the rant if he has one. But the failure to take 
State, and he has the right to arrest without these precautions does not justify homicide, 
a warrant any person who commits a mis- or even physical resistance by the party ar- 
demeanor in his sight or hearing. State v. rested, without inquiry on his part as to 
Luster, 178 S. C. 199, 182 S. E. 427 (1935). the authority for his arrest. State v. Lus- 

Inquiry to justify resistance by arrested ter, 178 S. C. 199, 182 S. E. 427 (1935). 
party. — Where a highway patrolman is also 

§ 53-4. Powers of Governor with respect to State constables. 

The Governor may determine the number of men to be appointed as state 
constables, the compensation of the various constables, the qualifications for 



see §§ 47-402, 47- l 403. As to free service to peace officers except to policemen and fire- 
men in uniforms, see § 47-572. As to civil service commissions, see §§ 47-701 to 47-784. As 
to special officers on railroads or other common carriers, see §§ 58-631 to 58-634. As to 
police power of agents of railroads, see §§ 5S-1221 to 58-1223. For police powers of street 
railway agents as to segregation, see § 58-1336. For police powers of driver of motor ve- 
hicle carrier as to segregation, see § 58-1494. As to South Carolina retirement system 
generally, see §§ 61-251 to 61-25S. As to insurance and annuity benefits of peace officers, 
see §§ 61-301 to 61-325. As to interference with police alarm boxes, see § 16-560. 

320 



§ 53-5 Peace Officers § 53-8 

the position and the equipment to be used by the constables. Such constables 
shall work under the direction of the Governor, shall hold office at his pleas- 
ure and shall be subject to discharge by the Governor with or without cause, 
with full power in the Governor to fill all vacancies. 
1945 (44) 337. 

§ 53-5. Bonds of peace officers without pay appointed by Governor. 

Any person appointed by the Governor as constable or peace officer to serve 
as such without pay, who is not under bond to any county, municipality, 
the State or any of its departments, before being commissioned as such officer 
shall first enter into good and sufficient bond in the penal sum of two thousand 
dollars. The bonds required by this section shall conform in their terms and 
conditions to the bonds prescribed by law for all other peace officers and be 
subject to like approval before filing and all premiums accruing thereon shall 
be paid by the respective officers named therein as the principal obligors. 

1942 Code §3064; 1932 Code §3064; 1931 (37) 330; 1940 (41) 1744. 

§ 53-6. Quarterly reports of peace officers without pay. 

- Every constable or peace officer appointed and commissioned by the Gov- 
ernor to serve as such without pay shall, every three months during their 
respective terms of service, file with the Governor a complete report of his 
work, acts and doings as such officer. 

1942 Code §3064; 1932 Code §3064; 1931 (37) 330; 1940 (41) 1744. 

§ 53-7. Reports of arrests in counties containing cities or towns of over five 
thousand. 
Each rural policeman, deputy sheriff, constable or other peace officer with- 
in any county containing a city or town of five thousand inhabitants or more 
in this State shall make and file with the county supervisor each month a veri- 
fied report of all arrests made by him, the name of the party arrested, to- 
gether with the offense charged, and the name of the magistrate to whom the 
case was referred for trial or preliminary hearing. The county supervisor 
shall not pay any salary to any rural policeman, deputy sheriff, constable 
or other peace officer until such officer has made and filed the verified report 
herein required. And further, in default thereof, such rural policeman, deputy 
sheriff, constable or other peace officer violating the provisions of this sec- 
tion shall, on conviction, be liable to a fine not exceeding one hundred dol- 
lars, or imprisonment in the county jail not exceeding two months, at the 
discretion of the court. 

1942 Code §3790; 1932 Code §§3790, 3791; Civ. C. '22 §§2096, 2097; 1917 (30) 111; 
1927 (35) 286. 

§ 53-8. Peace officers to file monthly reports in certain counties. 

All rural policemen and other county peace officers of Anderson, Charleston, 

Lexington and Pickens Counties shall file with the county supervisor a full 

report of all the work done by them for the previous month, giving in such 

report the date, name, offense or crime tried, the disposition of all cases 

[5 SC Code]— 21 321 



§53-9 



Code of Laws of South Carolina 



§53-9 



and matters reported thereon and penalties imposed and fines and costs col- 
lected. No such officer shall receive any compensation for such work until 
the report herein provided for shall have been filed with the county super- 
visor and a copy of such report shall have been furnished to each member of 
the county legislative delegation of such officer's county. 

1942 Code §§3791-1, 3792-5; 1932 Code U3733, 3969; 1922 (32) 795, 969. 

§ 53-9. Counties may purchase bloodhounds, etc. 

The governing bodies of the several counties in this State, when in their 
judgment it is necessary, shall require the sheriff to purchase a pair of blood- 
hounds or other serviceable dogs to be kept at the courthouse and used as 
he may deem expedient for the tracking and arrest of escaped convicts and 
other fugitive lawbreakers. The governing body of each county may appro- 
priate the sum of one hundred dollars, if so much be necessary, for the pur- 
chase of such dogs. 

1942 Code § 1958; 1932 Code § 1958; Cr. C. '22 § 940; Cr. C. '12 § 945; Cr. C. '02 § 659; 
1897 (22) 427. 

Evidence of dogs' conduct is admissible. posed track of the offender is admissible 

— In view of this section, providing for as a circumstance to be weighed with other 

the use of bloodhounds for tracking escaped circumstances. State v. Brown, 103 S. C. 

convicts and fugitives from justice, the con- 437, 88 S. E. 21 (1916). 
duct or action of dogs placed on the sup- 



CHAPTER 2. 
Sheriffs and Deputy Sheriffs Generally.* 



Article 1. 

Elections, Qualifications and Vacancies 
in Office. 

Sec. 

53-51. When election of sheriff held. 

53-52. Same: exception in certain counties. 

53-53. Qualification. 

53-54. Amount of bond; sureties. 

53-55. Same; exceptions in certain coun- 
ties. 

53-56. Vacancies in office of sheriff. 

53-57. Same; exception for Berkeley 
County. 

53-58. Coroner to act as sheriff during a 
vacancy. 

53-59. Coroner to provide books while so 
acting. 

53-60. Coroner not bound to act upon 
papers in sheriff's office, except 
when specifically instructed, etc. 



Sec. 
53-61. 

53-62. 

53-63. 



53-71. 
53-71. 

53-72. 

53-73, 
53-73. 
53-74. 
53-75, 
53-76. 



List of prisoners to be made when 
coroner acts as sheriff. 

Coroner to turn over sheriff's 
papers, etc., to succeeding sheriff. 

Clerk to act until coroner takes 
charge. 

Article 2. 

Deputy Sheriffs Generally. 

Appointment. 

Same; in provisions for Barnwell 

County. 
Same; in Charleston County. 
Same; in Darlington County. 
Same; in Edgefield County. 
Same; in Newberry County. 
Same: in Oconee County. 
Same; deputy sheriffs in Orange- 
burg generally. 



* As to constitutional provisions for sheriff and coroner, see S. C. Const., Art. 5, §30. 

As to prisons and other methods of correction generally, see Title 55. As to taxation 
generally, see Title 65. 

322 [5SCCode] 






Peace Officers 



Sec. 

53-77. Bond and oaths of deputies. 

53-78. Blank. 

53-79. Same; bond in Williamsburg Coun- 
ty. 

53-80. Salaries of deputies; uniforms and 
other equipment. 

53-81. Blank. 

53-82. Special provisions for Marlboro 
County. 

53-83. Special deputies. 

53-84. General power of deputies. 

53-85. Power of arrest. 

53-86. Duty of deputy sheriffs to patrol 
county. 

53-87. Special provisions for Aiken Coun- 
ty. 

53-88. Additional deputy sheriff in Ches- 
terfield County. 

Article 3. 
Deputy Sheriffs for Industrial Communities. 

53-101. Appointment and qualifications. 

53-102. Appointment of more than one 
deputy for larger communities. 

53-103. Oath and bond. 

53-104. Term of office; removal. 

53-105. Salary of such deputies. 

53-106. Salaries from Anderson County for 
certain of such deputies. 

53-107. Jurisdiction. 

53-10S. When jurisdiction may extend to 
other communities. 

53-109. Section 53-108 not applicable in 
certain counties. 

53-110. Jurisdiction of certain deputies in 
Aiken County. 

53-111. Rights, powers and duties of such 
officers. 

53-112. Who responsible for malfeasance of 
such deputies. 

53-113. Article applicable though commun- 
ity composed of temporary resi- 
dents. 

53-114. Article not applicable in Oconee 
County. 

Article 4. 

Deputy Sheriffs for Fairs, Circuses, 
Public Meetings, etc. 

53-121. Appointment of deputy for fair 
associations, etc. 

53-122. Oath and bond of such officer. 

53-123. Jurisdiction of such deputies. 

53-124. Duties and powers of such deputies. 

53-125. Sheriff not responsible for mal- 
feasance of such deputy. 



Article 5. 

Deputy Sheriffs for Parks and Other 
Places of Amusement. 
Sec. 

53-131. Appointment and qualifications. 

53-132. Oath. 

53-133. Term and removal. 

53-134. Jurisdiction. 

53-135. Powers of such deputies. 

Article 6. 
Deputy Sheriffs of Beaufort County. 

53-141. Appointment. 

53-142. Oaths. 

53-143. Bonds. 

53-144. Salaries, expenses and equipment. 

53-145. Badges. 

53-146. General supervision. 

53-147. General duties. 

53-148. Particular duties. 

53-149. Inspection of roads, bridges, etc., 
warnings. 

53-150. Service of papers for governing 
body of county. 

53-151. Duties of former magistrates' con- 
stables in certain townships. 

53-152. Collection of certain taxes. 

53-153. Authority and powers generally. 

53-154. Deputies have all powers of con- 
stables; service of criminal proc- 
ess and jury summons. 

53-155. Reports to sheriff including re- 
ports of whereabouts 

53-156. Monthly reports to county treas- 
urer. 

53-157. Deputies not to* accept gratuities, 
etc. 

53-158. Investigation of complaints. 

53-159. Removal for taking part in politics. 

Article 7. 

Deputy Sheriffs of Richland County 

53-171. Appointment and compensation. 

53-172. Qualifications. 

53-173. Bond. 

53-174. Uniforms and other equipment. 

53-175. General duties. 

53-176. Further duties; powers. 

53-177. Investigation of complaints against 

deputies. 
53-178. Sheriff to report quarterly to grand 

jury. 

Article 8. 

General Duties and Powers. 

53-191. Where offices kept. 
53-192. Books. 

53-193. How process kept; arrangement of 
papers. 



323 



BUREAU OF PUBLIC ADMINISTRATION 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 



§ 53-51 



Code of Laws of South Carolina 



§ 53-52 



Sec. 

53-194. Service of process, etc. 

53-195. Service of magistrates' process in 
Anderson. 

53-196. Blank. 

53-197. Sheriff, etc., to arrest and take bail. 

53-198. May break into house in certain 
cases. 

53-199. May call out posse comitatus; 
penalty for refusing to assist. 

53-200. Sheriffs to attend all courts and 
serve rules of court. 

53-201. Summoning constables to attend 
court, etc. 

53-202. Same; special provisions for 
Orangeburg. 

53-203. Sheriffs and deputies to execute 
orders of county governing 
bodies. 

53-204. No sheriff or his deputy or clerk 
to practice law or act as clerk 
of court. 

53-205. Coroner to act when sheriff dis- 
qualified. 

53-206. Sheriffs to furnish statement month- 
ly to auditor and treasurer. 

Article 9. 
Liabilities. 

53-211. Forfeiture and fine for default in 
returning warrants, etc., of 
magistrate. 

53-212. Open contempt or breach of duty; 
proceedings. 



Sec. 
53-213. 

53-214. 

53-215. 

53-216. 

53-217. 

53-218. 

53-219. 
53-220. 
53-221. 

53-222. 

53-223. 



Attachment for failure to execute 

final process or pay over money. 
Liability of sheriff for contempt 

after such attachment. 
Additional penalty for failure to 

pay over money after demand. 
Penalty for permitting prisoners 

committed by civil process to go 

at large. 
Sheriff liable for negligent escape 

of prisoner on mesne or final 

process. 
Punishment for permitting escape 

of convicted criminal. 
Liability for illegal arrest. 
Penalty for purchasing executions. 
Penalties for purchasing at sheriff's 

own sale. 
Rule to show cause or attachment 

barred two years after term. 
Liability of sureties of sheriff. 



Article 10. 
Accounting with Successors. 

53-231. Turning over furniture, books, pa- 
pers, etc., to successor. 

53-232. Commissions on moneys collected 
and turned over to successor. 

53-233. Penalty for failure to pay over 
moneys. 

53-234. Entries of collections in predeces- 
sor's cases. 



Article 1. 

Elections, Qualifications and Vacancies in Office. 

§ 53-51. When election of sheriff held. 

There shall be an election for sheriff held in each county at the general 

election in each presidential election year. 

1942 Code §3473; 1932 Code §3473; Civ. C. '22 §2022; Civ. C. '12 §1136; Civ. C. *02 
§820; G. S. 642; R. S. 703; 1870 (14) 338; 1S82 (18) 682; 1885 (19) 144; 1888 (20) 171; 
1933 (38) 97. 

Cross references. — As to general elec- 
tion for other county officers, see § 23- 
303. As to election of probate judges, 
see § 23-305. As to appointments by 
the governor to fill vacancies in county 
offices, see §§ 1-122 and 14-302. 

Intent of this section and § 53-56. — Under 
this section and § 53-56, it was the definite 
intention of the General Assembly that an 



appointee of the Governor to fill a vacancy 
in the office of sheriff would be entitled to 
hold an office until the next general elec- 
tion "for county sheriffs." Privctte v. 
Grinnell, 191 S. C. 376, 4 S. E. (2d) 305 
(1939). 

For related case, see State v. Corkrell, 
2 Rich. (31 S. C. L.) 6. 



§ 53-52. Same ; exception in certain counties. 

In the counties of Beaufort, Berkeley, Cherokee and Hampton the election 

324 



§ 53-53 Peace Officers § 53-55 

for sheriff shall be held in each even numbered year other than a presidential 

election year. 

1942 Code §3473; 1932 Code §3473; Civ. C. '22 §2022; Civ. C. '12 §1136; Civ. C. '02 
§820; G. S. 642; R. S. 703; 1870 (14) 338; 1882 (18) 682; 18S5 (19) 144; 1888 (20) 171; 
1933 (38) 97. 

Cross reference. — As to election of other 
officers in Berkeley, Cherokee and Hamp- 
ton Counties, see § 23-304. 

§ 53-53. Qualification. 

Every sheriff before entering upon the duties of his office shall, in addition 

to the oath of office prescribed in Article 3, section 26, of the Constitution, 

take the several oaths required of such officer by §§ 50-52 to 50-54 and such 

oaths shall be endorsed on the commission and shall be taken and subscribed 

before the clerk of the court of the county. At the next term of the circuit 

court in the county he shall produce his commission, which shall be read 

in open court and recorded in the journal. 

1942 Code §3481; 1932 Code §3481; Civ. C. '22'§2030; Civ. C. '12 §1144; Civ. C. '02 
§828; G. S. 650; R. S. 711; 1816 (6) 27; 1880 (17) 502. 

§ 53-54. Amount of bond ; sureties. 

The sheriffs of the several counties, before receiving their commissions, 
shall enter into bonds to be executed by them and any number of sureties, 
not exceeding twelve nor (except as provided in § 50-61) less than two, to be 
approved by a majority of the governing body of the county in the sum of 
ten thousand dollars and every sheriff shall procure other satisfactory security 
when duly required. Such bond shall be filed in the office of the State Treas- 
urer, duly executed and approved, within thirty days from the time the sheriff- 
elect receives notice that the election is declared. 

1942 Code §§ 3478, 3479; 1932 Code §§ 347S. 3479; Civ. C. '22 §§ 2027, 2028: Civ. C. 
'12 §§ 1141, 1142; Civ. C. '02 §§ 825, 826; G. S. 647, 648; R. S. 708, 709; 1839 (11) 37: 1868 
(14) 19: (16) 4: 1878 (16) 518; (17) 366, 681; 1897 (22) 441; 1903 (24) 29; 1905 (24) 
902; 1909 .(26) 38; 1919 (31) 75; 1927 (35) 227, 304; 1932 (37) 1118; 1933 (38) 256; 
1936 (39) 1390; 1937 (40) 375; 1941 (42) 127. 

The bond is joint and several. Cohen v. cipal or surety, the other is not an indis- 

Maryland Cas. Co., 4 F. (2d) 564 (1925) pensable party. Cohen v. Maryland Cas. 

Principal and surety are not indispensa- Co., 4 F. (2d) 564 (1925). 
ble parties. — In a suit against either prin- 

§ 53-55. Same ; exceptions in certain counties. 

Notwithstanding the provisions of § 53-54 the bonds of the sheriffs in the 
following named counties shall be in the amounts hereinafter named, to wit: 
in Calhoun County and Saluda County two thousand dollars, in Orangeburg 
and York Counties twenty-five hundred dollars, in Clarendon and McCormick 
Counties five thousand dollars, in Edgefield County six thousand dollars, in 
Abbeville County seven thousand dollars, in Greenville and Spartanburg Coun- 
ties fifteen thousand dollars, in Horry County twenty thousand dollars and 
in Charleston County twenty-five thousand dollars. 

325 



§ 53-56 Code of Laws of South Carolina § 53-58 

1942 Code §3479; 1932 Code §3479; Civ. C. '22 §2028; Civ. C. '12 §1142; Civ. C. '02 
§826; G. S. 648; R. S. 709; 1839 (11) 37; 1868 (14) 19; (16) 4: 1878 (16) 518; 1897 
(22) 441; 1903 (24) 29; 1905 (24) 902; 1909 (26) 38; 1919 (31) 75; 1927 (35) 227, 304; 
1932 (37) 1118; 1933 (38) 256; 1936 (39) 1390; 1937 (40) 375; 1941 (42) 127; 1945 (44) 326. 

§ 53-56. Vacancies in office of sheriff. 

In the event that any vacancy shall, at any time, occur in the office of- 
sheriff in any county of this State the Governor may appoint some suitable 
person, who shall be an elector of such county and who, upon duly quali- 
fying-, according to law, shall be entitled to enter upon and hold the office 
until the next general election for county sheriffs and shall be subject to all 
the duties and liabilities incident to such officer during the term of his service 
in such office. 

1942 Code §3474; 1932 Code §3474; Civ. C. '22 §2023; Civ. C. '12 §1137; Civ. C. '02 
§821; G. S. 643; R. S. 704; 1870 (14) 374; 1877 (16) 232; 1878 (16) 507, 716; 1936 (39) 
1541. 

Cross references. — As to general elec- hold the office until the next general elec- 
tion for certain county officers, see § 23- tion "for county sheriffs." Privette v. 
303. As to election of probate judges, see Grinnell, 191 S. C. 376, 4 S. E. (2d) 305 
§23-305. As to appointments by the (1939). 

Governor to fill vacancies in county offices. Section definitizes § 1-122. — The phrase 

see §§ 1-122 and 14-302. "next general election" in § 1-122, as applied 

Intent of this section and § 53-51. — Under to the office of sheriff for Darlington Coun- 

this section and §53-51, it was the definite ty, is merely definitized by the additional 

intention of the General Assembly that an words, "for county sheriffs," in this section, 

appointee of the Governor to fill a vacancy Privette v. Grinnell, 191 S. C. 376, 4 S. E. 

in the office of sheriff would be entitled to (2d) 305 (1939). 

§ 53-57. Same; exception for Berkeley County. 

Nothwithstanding the provisions of § 53-56 any such vacancy in the office 
of sheriff of Berkeley County shall be filled by appointment by the Gover- 
nor upon the recommendation of a majority of the Berkeley county legislative 
delegation. 

1942 Code §3474; 1932 Code §3474; Civ. C. '22 §2023: Civ. C. '12 §1137; Civ. C. '02 
§821; G. S. 643; R. S. 704; 1870 (14) 374; 1877 (16) 232; 1878 (16) 507, 716; 1936 (39) 
1541. 

Cross references. — As to election of other vacancies in county offices, see §§ 1-122 
officers in Berkeley County, see § 23-304. and 14-302. 
As to appointments by the Governor to fill 

§ 53-58. Coroner to act as sheriff during a vacancy. 

The coroner, during the continuance of any such vacancy and until the 

office is filled by appointment or election, shall assume the office, discharge its 

duties, incur its liabilities and be entitled to its fees and emoluments. He 

shall, for such purpose, take charge of the books and papers of the office and 

occupy the apartment allowed to the sheriff for transacting the business of 

his office. 

1942 Code §3475; 1932 Code §3475; Civ. C. '22 §2024; Civ. C. '12 §1138; Civ. C. '02 
§ 822; G. S. 644; R. S. 705; 1839 (11) 78. 

Stated in Reeves v. Easley, 167 S. C. 
231, 166 S. E. 120 (1932). 

326 






§ 53-59 Peace Officers § 53-63 

§ 53-59. Coroner to provide books while so acting. 

The coroner, while discharging the office of sheriff during a vacancy in such 

office, shall provide a suitable book in which he shall enter (a) such executions 

or other papers as he may be directed to enter by competent authority, (b) 

all new writs, processes, executions or other papers proper to be entered by a 

sheriff and (c) all his proceedings as sheriff in manner and form as sheriffs 

are required by law to do. Such book, or a certified copy thereof, he shall 

leave in the sheriff's office as a record. 

1942 Code §3567; 1932 Code §3567; Civ. C. '22 §2112; Civ. C. '12 §1291; Civ. C. '02 
§893; G. S. 714; R. S. 764. 

For related cases, see Richardson v. 
Croft, 1 Bail. (17 S. C. L.) 264; State v. 
Irby, 1 McM. (26 S. C. L.) 485. 

§ 53-60. Coroner not bound to act upon papers in sheriff's office, except when 
specifically instructed, etc. 
The coroner shall not be bound to act upon any papers in the sheriff's office 
unless he is specially instructed nor shall he be bound to embrace, in his re- 
turn to the clerk's office, any execution found in the sheriff's office which is 
not entered in his book or upon which he may not have taken any proceedings. 

1942 Code §3568; 1932 Code §3568; Civ. C. '22 §2112; Civ. C. '12 §1292; Civ. C. '02 
S 894; G. S. 715; R. S. 765; 1839 (11) 78. 

§ 53-61. List of prisoners to be made when coroner acts as sheriff. 

As soon as the coroner shall enter upon the duties of sheriff, he shall, in 

the presence of the clerk of court or jailer of the county, if there be one, make 

a list of the prisoners in the jail which must be signed by himself and the 

jailer, entered in the coroner's book and the original lodged in the clerk's 

office 

1942 Code §3569; 1932 Code §3569; Civ. C. '22 §2114; Civ. C. '12 § 1293; Civ. C. '02 
§895; G. S. 716; R. S. 766; 1839 (11) 78. 

§ 53-62. Coroner to turn over sheriff's papers, etc., to succeeding sheriff. 

Upon retiring from the sheriff's office the coroner shall turn over the papers 

of the office and the prisoners in jail to the succeeding sheriff in manner and 

form as sheriffs may be required to execute the same duty. 

1 f <42 Code §3570; 1932 Code §3570; Civ. C. '22 §2115; Civ. C. '12 §1294; Civ. C. '02 
5 896; G. S. 717; R. S. 767; 1839 (11) 78. 

§ 53-63. Clerk to act until coroner takes charge. 

In case of vacancy in the office of sheriff, the clerk of the county shall take 
possession of the jail of such county and take charge of the prisoners con- 
fined therein and shall also take possession of the sheriff's office and the papers 
therein, until the coroner of such county may take charge of them or until 
a sheriff shall be appointed by the Governor or elected and commissioned 
for such county. 

1942 Code §§3476. 3601; 1932 Code §§3476, 3601; Civ. C. '22 §§2025, 2145: Civ. C. '12 
§§1139, 1324; Civ. C. '02 §§823, 926; G. S. 645, 747; R. S. 706, 798; 1839 (11) 113; 18S4 
(18) 744; 1904 (24) 394. 

327 



§ 53-71 



Code of Laws of South Carolina 



§53-71.1 



Article 2. 

Deputy Sheriffs Generally. 

§53-71. Appointment. 

The sheriff may appoint one or more deputies to be approved by the Judge 

of the circuit court or any circuit judge presiding therein. Such appointment 

shall be evidenced by a certificate thereof, signed by the sheriff, and shall 

continue during his pleasure. The sheriff shall in all cases be answerable for 

neglect of duty or misconduct in office of any deputy. 

1942 Code §3486; 1932 Code §§ 34S6, 3487; Civ. C. '22 §2032; Civ. C. '12 §1146; Civ. 
C. '02 §830; G. S. 652, 653; R. S. 713; 1870 (14) 332; 1880 (17) 4; 1927 (35) 44; 1936 (39) 
1390; 1937 (40) 86. 



A sheriff may remove a deputy without 
a hearing. State v. Goldsmith, 96 S. C. 
484, 81 S. E. 147 (1914). 

And such power is not affected by § 53- 
104. — A sheriff is authorized by this sec- 
tion to summarily remove a deputy peace 
officer appointed by him, and such power 
is not affected by § 53-104, except in so 
far as it is made the duty of the sheriff to 
remove the deputy on the request of the 
executive officers of a corporation for sucn 
causes as are therein stated. State v. 
Goldsmith, 96 S. C. 484, 81 S. E. 147 (1914). 

A sheriff is responsible for the acts of his 
deputies performed in the course of his of- 
ficial business, and the sheriff's bond will be 
responsible for any damages that may be 
suffered by any party as a result of negli- 
gence or improper acts in performance of 
such business. Trammell v. Fidelity & 
Cas. Co., 45 F. Supp 366 (1942). 

Which are not solely personal acts. — The 
liability of a sheriff for the acts of his dep- 
uty extends to many matters, but all are 
confined to such acts which are performed 
in the sphere of office of the deputy, where 
the wrong committed by him is official and 
not soklv the personal act of the deputv. 
Rutledge v. Small, 192 S. C. 254, 6 S. E. 
(2d) 260 (1939). 

Since deputies are sheriff's representa- 
tives. — The liability of a sheriff or constable 
for the official acts of a deputy is not 
based upon the doctrine of respondeat su- 



perior, but on the fact that the deputy is 
his representative, for whose acts he is as 
liable as if they had been done bv himself. 
Rutledge v. Small, 192 S. C. 254. 6 S. E. 
(2d) 260 (1939). 

Acts to which liability extends. — The 
sheriff's liability extends to acts of his dep- 
uty for abuse of process, assaults commit- 
ted while performing the duties of the of- 
fice, failure to serve process, failure of dep- 
uty to pay over money collected by him, 
a wrongful levy on or taking of property 
under color of legal process, and other sim- 
ilar official acts. Rutledge v. Small, 192 
S. C. 254, 6 S. E. (2d) 260 (1939). 

For a case where act of deputy was held 
to be official act for which sheriff's surety 
was liable, see Rutledge v. Small, 192 S. C. 
254. 6 S. E. (2d) 260 (1939). 

Deputy is disqualified for jury duty. — 
This section, when construed with § 38-101, 
renders a deputy sheriff ineligible for jury 
service. State v. Johnson, 123 S. C. 50, 115 
S. E. 748 (1923). 

Levy by illegally appointed deputy voids 
sale. — A tax sale following an execution 
levied by a deputy who was not regularly 
appointed under this section and § 53-77 is 
void. Earrineau v. Stevens, 75 S. C. 252, 
55 S. E. 309 (1906). 

Stated in Willis v. Aiken County, 203 
S. C. 96, 26 S. E. (2d) 313 (1943). 

Cited in Pelfrev v. Oconee County, 207 
S. C. 433, 36 S. E. (2d) 297 (1945). 



§ 53-71.1. Same ; in provisions for Barnwell County. 

The sheriff of Barnwell County may appoint one deputy sheriff, who shall 
serve at the pleasure of the sheriff. Such deputy sha.ll be paid, in addition to 
his annual salary, such travel allowance as may be provided for in the annual 
supply act of the county. 

1942 Code § 3552-3; 1941 (42) 161; 1951 (47) 506. 



328 



§ 53-72 Peace Officers § 53-76 

§ 53-72. Same ; in Charleston County. 

In Charleston County there shall be one deputy sheriff appointed under 
§ 53-71, who shall be appointed by the county sheriff, upon the approval of 
the governing body of the county and of the circuit court or any circuit judge 
presiding therein. Such appointment shall be evidenced by a certificate there- 
of, signed by the sheriff, with the approvals required herein endorsed there- 
on and shall continue for the full term for which the sheriff shall have been 
elected, regardless of any change, however caused, in the office of sheriff. 
Such deputy sheriff shall be removable from office only in the manner and for 
the causes or reasons now provided by law for the removal of sheriffs. 

1942 Code §3486; 1932 Code §§3486, 3487; Civ. C. '22 §2032; Civ. C. '12 §1146; Civ. 
C. '02 §830; G. S. 652, 653; R. S. 713; 1870 (14) 332; 1880 (17) 4; 1927 (35) 44; 1936 (39) 
1390; 1937 (40) S6. 

§ 53-73. Same ; in Darlington County. 

There shall be allowed the sheriff of Darlington County one deputy to be 
appointed by the sheriff. The deputy, with the sheriff, shall serve all papers 
for the magistrate at Darlington courthouse without extra compensation and 
shall, together with the rural policemen of said county, collect all delinquent 
taxes and all fees from or other moneys coming into their hands shall be 
placed in the county treasury, to the credit of the ordinary county funds. 

1942 Code §3552-5; 1932 Code §3496; Civ. C. '22 §2041; 1916 (29) 799; 1951 (47) 506. 

§ 53-73.1. Same; in Edgefield County. 

In Edgefield County no appointment of any deputy sheriff by the sheriff 
of the county shall be valid unless it shall have the written approval of the 
county legislative delegation, nor shall the county sheriff appoint any special 
deputy without the written approval of the county legislative delegation. 

1951 (47) 449. 

§ 53-74. Same ; in Newberry County. 

The sheriff of Newberry County shall appoint from the registered electors 

of said county two able-bodied men, of good habits and known as men who 

are not addicted to the use of alcoholic liquors, and shall commission them as 

special deputy sheriffs for the term of two years, subject always to removal 

by the sheriff for cause. 

1942 Code §3552-7; 1932 Code §3490; Civ. C. '22 §2035; 1912 (27) 865; 1914 (28) 537; 
1933 (38) 457. 

§ 53-75. "Same; in Oconee County. 

In Oconee County only two deputy sheriffs may be appointed under the 
provisions of § 53-71. 
1947 (45) 485. 

§ 53-76. Same; deputy sheriffs in Orangeburg generally. 

The sheriff of Orangeburg County shall appoint such number of deputy 
sheriffs as compensation is provided for by the county supply act from year 
to year. The deputy sheriffs appointed as herein provided for shall hold office 

329 



§ 53-77 Code of Laws of South Carolina § 53-79 

for a period of one year or for such less period of time as might be provided 
for in the commission issued by the sheriff. The deputy sheriffs so appointed 
shall have all authority and power as prescribed by the general law for sheriffs 
and deputy sheriffs. The officers as named by the sheriff shall have general 
police duties which shall be prescribed by the sheriff and shall be subject 
to removal by the sheriff at any time in his discretion. They shall take the 
oath of office as required by law and shall furnish bond in the sum of five 
hundred dollars for the faithful performance of their duties. This section 
shall not affect the appointment of deputy sheriffs who serve without com- 
pensation. 
1946 (44) 1338. 

§ 53-77. Bond and oaths of deputies. 

Each deputy sheriff shall, before entering upon the discharge of his duty, 
enter into bond in the sum of one thousand dollars, with sufficient surety, 
to be approved by the sheriff of the county, conditioned for the faithful per- 
formance of his duties and for the payment to the county and to any person 
of all such damages as they or any of them may sustain by reason of his 
malfeasance in office or abuse of his discretion. He shall, in addition to the 
oath of office now prescribed by section 26, of article III, of the Constitution, 
and by § 50-52, take the following oath (or affirmation), to wit: "I further 
solemnly swear (or affirm) that during my term of office as county deputy, 
I will study the act prescribing my duties, will be alert and vigilant to 
enforce the criminal laws of the State and to detect and bring to punish- 
ment every violator of them, will conduct myself at all times with due con- 
sideration to all persons and will not be influenced in any matter on account 
of personal bias or prejudice. So help me, God." The form of such bond 
shall be approved by the county attorney and, with the oaths, shall be filed 
with and kept by the clerk of the court for the county. 

1942 Code §§ 34SS, 3494; 1932 Code §§3488, 3494; Civ. C. '22 §§2033, 2039; Civ. C. '12 
§ 1147; Civ. C. '02 § 831; G. S. 654; R. S. 714; 1870 (14) 332; 1880 (17) 4; 1912 (27) 865. 

Cross references. — As to disqualification Stated in Willis v. Aiken County, 203 

of deputy for jury duty, see note to §53- S. C. 96, 26 S. E. (2d) 313 (1943). 
71. As to levy by illegally appointed 
deputy voiding tax sale, see note to § 53-71. 

§ 53-78. Blank. 

§ 53-79. Same ; bond in Williamsburg County. 

The deputy sheriff of Jrilliamsburg County, in addition to taking the usual 
oath of office, shall enter into a bond in the sum of five thousand dollars con- 
ditioned upon the faithful performance of the duties of the office. The bond 
must be approved by the county supervisor of Williamsburg County. No 
deputy sheriff of Williamsburg County shall enter upon the duties of the 
office until he shall have entered into a bond as herein required. The premi- 
um on the bond of any deputy sheriff of Williamsburg County shall be paid 
by the county. 

330 



§ 53-80 Peace Officers § 53-84 

1942 Code §3486; 1932 Code §§3486, 3487; Civ. C. '22 §2032; Civ. C. '12 §1146; Civ. 
C. '02 §830; G. S. 652, 653; R. S. 713; 1870 (14) 332; 1880 (17) 4; 1927 (35) 44; 1936 (39) 
1390; 1937 (40) 86. 

§ 53-80. Salaries of deputies ; uniforms and other equipment. 

Before issuing any warrant to any deputy for his salary, the supervisor 
shall require such deputy to take and subscribe an oath that he has fully and 
faithfully performed during the preceding month the duties required of him 
herein. The governing body of the county shall furnish to each such deputy 
two uniforms per year, to be prescribed and approved by such body. Such 
deputies shall provide themselves with deputies' billies and such firearms as 
may be prescribed by the governing body of the count}' and with horses 
for regular use in riding over the county and performing duty as mounted 
deputies. They shall bear all expenses incident to their service. 

1942 Code § 3491; 1932 Code § 3491; Civ. C. '22 §2036; 1912 (27) 569, 865. 

§53-81. Blank. 

§ 53-82. Special provisions for Marlboro County. 

The sheriff of Marlboro County shall provide the deputy with the necessary 

conveyances for the proper discharge of his duties. 

1942 Code § 3552-6; 1932 Code §§ 1960, 3482; Cr. C. '22 § 942; Cr. P. '22 § IS; Cr. C. '12 
§§ 16, 978; 1910 (26) 725. 

§ 53-83. Special deputies. 

The sheriff, without seeking the approval of the circuit judge, may appoint 

special deputies as the exigency of his business may require for the service 

of process in civil and criminal proceedings only. He shall be responsible 

for the conduct of such special deputies. 

1942 Code §3489; 1932 Code §3489; Civ. C. '22 §2034; Civ. C. '12 § 1148; Civ. C. '02 
§832; G. S. 652; R. S. 715; 1S70 (14) 332; 18S0 (17) 4. 

Minor may act as special deputy. — Even Prince v. Dickson, 39 S. C. 477, IS S. E. 

a minor who is incapable of holding any 33 (1893). 

office may act as a special deputy of the For additional related cases, see Ford 

sheriff, and service made by him is legal v. DeVillers, 2 McC. (13 S. C. L.) 144; Jen- 

and valid. McConnell v. Kennedy, 29 S. C. try v. Hunt, 2 McC. (13 S. C. L.) 410; 

180, 7 S. E. 76 (1888); State v. Toland, 36 May v. Walters, 2 McC. (13 S. C. L.) 470: 

S. C. 515, 15 S. E. 599 (1892), cited with Chiles v. Holloway, 4 McC. (15 S. C. L.) 

approval in Prince v. Dickson. 39 S. C. 477, 164; Singletary v. Carter, 1 Bail. (17 S. C. 

18 S. E. 33 (1893). L.) 467; Barksdale v. Posey, 2 Hill (20 

Special deputy is merely agent of sheriff. S. C. L.) 647; Ex parte Hanks, Clieves 

— A special deputv is no more than an agent (15 S. C. Eq.) 203; Klinck v. Black, 14 S. C. 

for the sheriff. Prince v. Dickson, 39 S. C. 241 (1880). 
477, 18 S. E. 33 (1893). Cited in Barrineau v. Stevens, 75 S. C. 

And not an officer. — It is erroneous to 252, 55 S. E. 309 (1906) ; Trammell v. Fi- 

say that a special deputy is an officer. delity & Cas. Co., 45 F. Supp. 366 (1942). 

§ 53-84. General power of deputies. 

When duly qualified a deputy sheriff may perform any and all of the duties 

appertaining to the office of his principal. 

1942 Code §3488; 1932 Code §3488; Civ. C. '22 §2033; Civ. C. '12 § 1147; Civ. C. '02 
§831; G. S. 654; R. S. 714; 1870 (14) 332; 1880 (17) 4. 

331 



§ 53-85 Code of Laws of South Carolina § 53-87 

Cross references. — As to disqualifica- Stated in Willis v. Aiken County, 203 

tion of deputy for jury duty, see note S. C. 96, 26 S. E. (2d) 313 (1943). 
to § 53-71. As to levy by illegally ap- 
pointed deputy voiding tax sale, see note 
to §53-71. 

§ 53-85. Power of arrest. 

The deputy sheriffs may for any suspected freshly committed crime, whether 
upon view or upon prompt information or complaint, arrest without warrant 
and, in pursuit of the criminal or suspected criminal, enter houses or break 
and enter them, whether in their own county or in an adjoining county. 

1942 Code §3493; 1932 Code §3493; Civ. C. '22 §2038; Cr. C. '22 §328; 1912 (27) 865. 

§ 53-86. Duty of deputy sheriffs to patrol county. 

The deputy sheriffs shall patrol the entire county at least twice a week by 
sections assigned to each by the sheriff, remaining on duty at night when 
occasion or circumstances suggest the propriety thereof to prevent or de- 
tect crime or to make an arrest. They shall always be on duty for not less 
than ten hours a day, except when granted occasional indulgences or leaves 
of absence by the sheriff. They shall frequent railroad depots, stores and 
other public places where people congregate, disorder is probable, vagrants 
may be loafing or alcoholic liquors may be sold, bartered or given away and 
they shall as often as practicable ride by houses that are off the public high- 
ways and in lonely parts of the county, especially such as are without male 
protectors, and shall use every means to prevent or detect, arrest and prose- 
cute for breaches of the peace, drunkenness, using obscene language, bois- 
terous conduct or discharging of firearms on the public highways or at any 
public place or gathering, carrying weapons contrary to law, gambling, va- 
grancy, setting out fire, violation of the game and fish laws, cruelty to animals 
or children, violation of the child labor laws, lynching and for the violation 
of every law which is detrimental to the peace, good order and morals of the 
community. 

1942 Code §3492; 1932 Code §3492; Civ. C. '22 § 2037; 1912 (27) 865. 

§ 53-87. Special provisions for Aiken County. 

The duties formerly performed by a county policeman in Aiken County 
shall be performed by one deputy, appointed and commissioned by the sheriff 
of the county, who shall be under his immediate direction and control. In 
the performance of his duties such deputy shall pay particular attention to. 
the enforcement of the laws prohibiting the sale and unlawful use of in- 
toxicating liquors. Such deputy shall be appointed for the term of one 
year. Such deputy may be removed by the sheriff at any time for cause upon 
giving ten days' notice thereof to the deputy to be removed. 

1942 Code §3552-1; 1932 Code §3495; Civ. C. '22 §2040; 1916 (29) 890; 1917 (30) 201. 

Stated in Willis v. Aiken County, 203 
S. C. 96, 26 S. E. (2d) 313 (1943). 

332 



§ 53-88 Peace Officers § 53-103 

§ 53-88. Additional deputy sheriff in Chesterfield county. 

An additional deputy sheriff is hereby authorized for Chesterfield County 
to be stationed at the town of Jefferson. Such deputy sheriff shall be appointed, 
commissioned and paid as provided by law for the other deputies in the county. 

1951 (47) 129. 

Article 3. 

Deputy Sheriffs for Industrial Communities. 

§ 53-101. Appointment and qualifications. 

Upon a written statement of the president, treasurer or other executive 
officer having the management of any industrial corporation located in any 
county of this State directed to the sheriff of such county, setting forth that 
in his opinion the interests of the industrial community and locality under his 
management require special police supervision, and that such community con- 
tains fifty or more inhabitants, the sheriff shall appoint as his deputy a dis- 
creet and suitable person satisfactory to the president, treasurer or other ex- 
ecutive officer of the corporation requesting the appointment, who shall 
reside within the county in which is situate the property for whose protection 
he is appointed. 

1942 Code §3499; 1932 Code §3499; Civ. C. '22 §2042; Civ. C. '12 §1149; Civ. C. '02 
§833; 1898 (22) 743; 1899 (23) 75; 1933 (38) 47; 1947 (45) 225. 

Deputy cannot be juror. — The deputy visions of the Fair Labor Standards Act. 

sheriff for an industrial corporation is not Holmes v. Industrial Cotton Mills Co., 64 

eligible as a juror. State v. Johnson, 123 F. Supp 20 (1945). 

S. C 50, 115 S. E. 74S (1923). Quoted in State v. Goldsmith, 96 S. C. 

Applicability of Fair Labor Standards 484, 81 S. E. 147 (1914). 

Act. — Employee of textile plant who was Cited in Powell v. Com'rs of Police Ins., 

appointed a deputy sheriff under this sec- etc., 210 S. C. 136, 41 S. E. (2d) 780 (1947). 
tion was held to be subject to the pro- 

§ 53-102. Appointment of more than one deputy for larger communities. 

In communities or localities of one hundred or more inhabitants two or more 
such deputies shall be appointed by the sheriff of the county in which the 
community or locality is situated, if the president, treasurer or other executive 
officer of the industrial corporation located therein shall so request in writ- 
ing, the number of such deputies to be maintained in any such community 
to be determined by the industrial corporation. And if an industrial cor- 
poration owns, operates or controls plants, branches or factories in separate 
communities or localities, each community or locality may be provided under 
the terms of this article with one or more such deputy sheriffs or constables 
upon the written request of the proper officer of such corporation. 

1942 Code §3499; 1932 Code §3499; Civ. C. '22 §2042; Civ. C. '12 §1149; Civ. C. '02 
§ 833; 1S9S (22) 743; 1899 (23) 75; 1933 (38) 47. 

§ 53-103. Oath and bond. 

Before entering upon the duties of his office, any such deputy shall take 
the oaths prescribed by the Constitution and statutes of this State. Any person 
so appointed a deputy sheriff under the provisions of this article shall execute 

333 



§ 53-104 Code of Laws of South Carolina § 53-107 

the bond required of constables by § 43-307 and shall be subject to the pro- 
visions of § 43-329. 

1942 Code §§3499, 3501; 1932 Code §§3499, 3501; Civ. C. '22 §§2042, 2044; Civ. C. '12 
§§ 1149, 1151; Civ. C. '02 §§ 833, 835; 1898 (22) 743; 1899 (23) 75; 1901 (23) 696; 1933 (38) 
47. 

Applied in State v. Johnson, 123 S. C. Quoted in State v. Goldsmith, 96 S. C. 

50, 115 S. E. 748 (1923). 484, 81 S. E. 147 (1914). 

§53-104. Term of office ; removal. 

The term of office of any such deputy sheriff shall expire with the term of 
the sheriff appointing him. But any deputy appointed under this article 
shall be removed from office by the sheriff and his commission shall stand 
cancelled, if the president, treasurer or other executive officer of the corpora- 
tion which requested his appointment shall file with the sheriff a written 
request that he be removed. And the sheriff at any time in the exercise of 
his discretion may revoke the commission of any such deputy for any cause 
whatsoever. 

1942 Code §3499; 1932 Code §3499; Civ. C. '22 §2042; Civ. C. '12 §1149; Civ. C. '02 
§833; 1898 (22) 743; 1899 (23) 75; 1933 (38) 47. 

§ 53-105. Salary of such deputies. 

The salary of any such deputy shall be paid by the corporation at the in- 
stance of whose president, treasurer or other executive officer the appoint- 
ment is made, the amount to be fixed by contract with the corporation, acting 
through its president, treasurer or other executive officer. 

1942 Code §3499; 1932 Code §3499; Civ. C. '22 §2042; Civ. C. '12 §1149; Civ. C. '02 
§ 833; 1898 (22) 743; 1899 (23) 75; 1933 (38) 47. 

§ 53-106. Salaries from Anderson County for certain of such deputies. 

Deputy sheriffs serving the following industrial communities of Anderson 
County shall receive a monthly salary from the county, to wit : one at Gluck 
Mill, one at Orr Mill, one at Equinox Mill, one at Appleton Mill, one at La 
France Mill, one at Piedmont Mill, two at Pelzer Mills, one to serve both Blair 
and Belton Mill and one to serve Riverside, Toxaway and Lad Lassie Mills. 
No fees shall be paid by Anderson County to any of such deputies, the salary 
above mentioned being in lieu of such fees. Nothing in this section shall be 
construed as prohibiting such deputies from receiving compensation from 
the mills that they serve. 

1942 Code § 3552-2; 1941 (42) 95; 1951 (47) 506. 

§ 53-107. Jurisdiction. 

The jurisdiction of any such deputy sheriff, as an officer of the corporation 
at the request of which he is appointed, shall extend over the property con- 
trolled by the president, treasurer or other executive officer having the man- 
agement of such corporation and in addition over all territory within a radius 
of one mile from the main building in which the industry of the corporation 
is operated. 

1942 Code §3499; 1932 Code §3499; Civ. C. *22 §2042; Civ. C. '12 §1149; Civ. C. '02 

§ 833; 1898 (22) 743; 1S99 (.23) 75; 1933 (38) 47. 

334 



§53-108 Peace Officers §53-111 

§ 53-108. When jurisdiction may extend to other communities. 

When any industrial corporation controls and operates more than one 
industrial plant in any county in this State or when more than one industrial 
plant in the same county is controlled and operated by allied or affiliated cor- 
porations or corporations which are under the same general management or 
are under the same general stock ownership and the sheriff appoints a deputy 
sheriff under the terms of this article for any industrial community and local- 
ity in any such chain or series, the sheriff may give any such deputy sheriff 
additional jurisdiction under the terms of this article over any or all other 
communities or localities of such chain or series, but such additional juris- 
diction shall not become effective until the sheriff shall have made such ap- 
pointment in writing naming all of the communities and localities in which 
such appointee is given jurisdiction. 

1943 (43) 295. 

§ 53-109. Section 53-108 not applicable in certain counties. 

The provisions of § 53-108 shall not apply to the counties of Anderson, Chero- 
kee, Chester, Greenville, Greenwood, Lancaster, Laurens, Newberry, Orangeburg, 
Spartanburg, Union and York. 

1943 (43) 295. 

§ 53-110. Jurisdiction of certain deputies in Aiken County. 

In Aiken County so many of the deputies authorized to be appointed under 
the provisions of this article as are recommended and designated for appoint- 
ment as regular deputy sheriffs by the executive officer having in charge the 
management of any industrial corporation whose plant and properties are 
located in the county may be appointed and commissioned by the sheriff of 
the county as regular deputy sheriffs and those so appointed and commissioned 
shall have the same jurisdiction, discharge the duties and exercise all the rights 
and powers in like manner as prescribed by law for a regularly appointed 
deputy sheriff. 

1949 (46) 223. 

§ 53-111. Rights, powers and duties of such officers. 

Any such deputy sheriff: 

(1) Shall have, do and exercise all the rights, duties and powers prescribed 
by law for constables or magistrates and such powers as are usually exercised 
by marshals and policemen of towns and cities; 

(2) Shall act as a conservator of the peace ; 

(3) Shall take into custody and carry before the nearest magistrate any 
person who may, in his view, engage in riotous conduct or violation of the 
peace, refusing upon his command to desist therefrom ; 

(4) Shall arrest any person who may, in his view, commit any felony or 
misdemeanor and carry him before a court of competent jurisdiction; and 

(5) Shall execute any and all criminal process from magistrates' courts. 

335 



§53-112 Code of Laws of South Carolina §53-122 

1942 Code §3500; 1932 Code §3500; Civ. C. '22 §2043; Cr. C. '22 §329; Civ. C. '12 
§ 1150; Civ. C. '02 § 834; 1898 (22) 793; 1899 (23) 75. 

Applied in State v. Johnson, 123 S. C. 
50, 115 S. E. 748 (1923). 

§ 53-112. Who responsible for malfeasance of such deputies. 

Neither the sheriff of the county nor the industrial corporation shall be 
responsible for the malfeasance, nonfeasance or misfeasance of any such officer, 
but he and his sureties shall be answerable therefor on his official bond. 

1942 Code §3502; 1932 Code §3502; Civ. C. '22 §2045; Civ. C. '12 § 1152; 1904 (24) 424. 

§ 53-113. Article applicable though community composed of temporary resi- 
dents. 

The provisions of this article shall apply to any such industrial communi- 
ties as are comprised of fifty persons or more, whether such persons are 
permanent or temporary inhabitants thereof. 

1942 Code §3503; 1932 Code §3503; Civ. C. '22 §2046; Civ. C. '12 §1153; 1904 (24) 424. 

§ 53-114. Article not applicable in Oconee County. 

The provisions of this article shall not apply to Oconee County or any com- 
munity thereof. 

1947 (45) 485. 

Article 4. 
Deputy Sheriffs for Fairs, Circuses, Public Meetings, etc. 

§ 53-121. Appointment of deputy for fair associations, etc. 

Upon a written statement of the president, treasurer or other executive 
officer having the management of any fair association, amusement company, 
circus, political meeting, camp meeting or other such concern located or to 
be located in any county in this State directed to the sheriff of any such 
county, setting forth that in his opinion the interests of the association, amuse- 
ment company, circus, political meeting, camp meeting or other such concern 
under his management and the public peace require special police supervision, 
the sheriff shall appoint a discreet and suitable person or persons as his deputy 
or deputies, whose term of office shall continue during the public exhibition 
of such association, amusement company, circus, political meeting, camp 
meeting or other such concern, unless sooner by him removed. The salary 
of any such deputy shall be paid by the concern requesting such appointment. 

Nothing herein contained shall interfere with the right and duty of a 

sheriff, upon his own motion, to appoint such a deputy or deputies as may 

seem advisable. 

1942 Code §3504; 1932 Code §3504; Civ. C. '22 §2047; Civ. C. '12 §1154; 1908 (25) 
1152; 1910 (26) 763. 

§ 53-122. Oath and bond of such officer. 

Before entering upon the duties of his office any such deputy shall take 
the oath prescribed by the Constitution and statutes of this State. He shall 

336 



§53-123 Peace Officers §53-131 

also execute the bond required of constables by § 43-307 and shall be subject 

to the provisions of § 43-329. 

1942 Code §§3504, 3506; 1932 Code §§3504, 3506; Civ. C. '22 §§2047, 2049; Civ. C. '12 
§§1154, 1156; 1908 (25) 1152, 1153; 1910 (26) 763. 

Cited in State v. Goldsmith, 96 S. C. 484, 
81 S. E. 147 (1914). 

§ 53-123. Jurisdiction of such deputies. 

The jurisdiction of such a deputy sheriff shall extend over the property con- 
trolled by such fair association, amusement company, circus, political meeting, 
camp meeting or other such concern. 

1942 Code §3504; 1932 Code §3504; Civ. C. '22 §2047; Civ. C. '12 §1154; 190S (25) 
1152; 1910 (26) 763. 

§ 53-124. Duties and powers of such deputies. 

Any such deputy sheriff: 

(1) Shall have and exercise all the rights, duties and powers prescribed by 
law for deputy sheriffs or constables and such powers as are usually exer- 
cised by marshals and policemen of towns and cities ; 

(2) Shall act as a conservator of the peace; 

(3) Shall take into custody and carry before the nearest magistrate any 
person who may, in his view, engage in riotous conduct or violation of the 
peace, refusing upon his command to desist therefrom ; 

(4) Shall arrest any person who may, in his view, commit any felony or 
misdemeanor and carry him before a court of competent jurisdiction; and 

(5) Shall execute any and all criminal processes from magistrates' courts. 
1942 Code § 3505; 1932 Code § 3505; Civ. C. '22 § 2048; Civ. C. '12 § 1155; 1908 (25) 1153. 

§ 53-125. Sheriff not responsible for malfeasance of such deputy. 

The sheriff of the county shall not be responsible for the malfeasance or 
misfeasance of such officer. 

1942 Code §3507; 1932 Code §3507; Civ. C. '22 §2050; Civ. C. '12 § 1157; 1908 (25) 1153. 

Article 5. 
Deputy Sheriffs for Parks and Other Places of Amusement. 

§ 53-131. Appointment and qualifications. 

Upon a written statement of the president, treasurer or other executive of- 
ficer having the management of any park or place of amusement located in 
any county of this State directed to the sheriff of such county, setting forth that 
in his opinion the interests of the patrons of such park or place of amusement 
require special police supervision, the sheriff shall appoint as his deputy a 
discreet and suitable person, satisfactory to the president, treasurer or other 
executive officer of such park or other place of amusement requesting the 
appointment and whose salary shall be paid by the park or other place of 
amusement at the instance of whose president, treasurer or other executive 
officer the appointment is made, the amount to be fixed by contract with the 
[5 SC Code]— 22 337 



§ 53-132 Code of Laws of South Carolina § 53-135 

company owning or operating such park or place of amusement, acting through 

its president, treasurer or other executive officer. 

1942 Code §3508; 1932 Code §3508; Civ. C. '22 §2051; Civ. C. '12 § 115S; Civ. C. '02 
§833; 1899 (23) 75; 1908 (25) 1152; 1910 (26) 764. 

§ 53-132. Oath. 

Before entering upon the duties of his office, any such deputy shall take the 

oath prescribed by the Constitution and statutes of this State. 

1942 Code §3508; 1932 Code §350S; Civ. C. '22 §2051; Civ. C. '12 §1158; Civ. C. '02 
§833; 1899 (23) 75; 1908 (25) 1152; 1910 (26) 764. 

§ 53-133. Term and removal. 

The term of office of any such deputy sheriff shall expire with the term of 

the sheriff, unless sooner by him removed. And any such deputy shall be 

removed by the sheriff and another deputy appointed by him satisfactory to 

the president, treasurer or other executive officer of the park or place of 

amusement, whenever the president, treasurer or other executive officer shall 

make a statement in writing to the sheriff of the county that the deputy is 

not discharging his duties to the satisfaction of the president, treasurer or 

other executive officer and requesting a change of appointment. 

1942 Code § 350S; 1932 Code § 3508; Civ. C. '22 § 2051; Civ. C. '12 § 1158; Civ. C. '02 
§833; 1899 (23) 75; 1908 (25) 1152; 1910 (26) 764. 

§ 53-134. Jurisdiction. 

The jurisdiction of any such deputy sheriff shall extend over the property 

controlled by the president, treasurer or other executive officer having the 

management of the park or other place of amusement and in addition over 

all territory within a radius of one mile from the center of such park or place 

of amusement. 

1942 Code § 3508; 1932 Code §3508; Civ. C. '22 § 2051; Civ. C. '12 § 1158; Civ. C. '02 
§833; 1899 (23) 75; 1908 (25) 1152; 1910 (26) 764. 

§ 53-135. Powers of such deputies. 

Any such deputy sheriff: 

(1) Shall have, do and exercise all the rights, duties and powers pre- 
scribed by law for constables or magistrates and such powers as are usually 
exercised by marshals and policemen of towns and cities; 

(2) Shall also act as a conservator of the peace ; 

(3) Shall take into custody and carry before the nearest magistrate any 
person who may, in his view, engage in riotous conduct or violation of the 
peace, refusing upon his command to desist therefrom ; 

(4) Shall arrest any person who may, in his view, commit any felony or 
misdemeanor and carry him before a court of competent jurisdiction; and 

(5) Shall execute any and all criminal process from magistrates' courts. 

1942 Code §3509; 1932 Code §3509; Civ. C. '22 §2052; Cr. C. '22 §330; Cr. P. '22 §14; 
Civ. C. '12 § 1159; Cr. C. '12 § 15; 1908 (25) 10S6, 1152, 1153. 



33S [5 SC Code] 



§ 53-141 Peace Officers § 53-144 

Article 6. 
Deputy Sheriffs of Beaufort County. 

§ 53-141. Appointment. 

The sheriff of Beaufort County shall appoint from the registered electors of 
the county two able-bodied men of good moral character, known to be men 
who are not addicted to the use of alcoholic liquors and shall commission 
them as deputy sheriffs for a term of one year, subject always to removal 
by the Governor or by the sheriff on cause. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-142. Oaths. 

Each of such deputy sheriffs, before receiving his commission, shall, in addi- 
tion to the oaths now prescribed by section 26 of Article 3 of the Constitution 
and by §§ 50-52 and 50-53, take and subscribe to the following oath or affirma- 
tion, to wit: "I do further and solemnly swear (or affirm) that during my 
term of office as deputy sheriff I will study the article creating my office and 
prescribing my duties, will endeavor to inform myself of the criminal laws of 
the State, both statutory and common law, will be alert and vigilant to en- 
force them and to detect and bring to punishment to every violator of them 
within my county, will conduct myself at all times with due consideration 
to all persons and will not impose upon the weak or ignorant. So help me 
God." 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§53-143. Bonds. 

Each of such deputy sheriffs shall, before entering upon the duties of his 
office, enter into a bond with good security, to be approved by the govern- 
ing body of the county and the clerk of court, payable to the county in the 
sum of one thousand dollars, conditioned for the faithful performance of 
his duties and for the payment of such damages as may be sustained by reason 
of his malfeasance or misfeasance in office or abuse of his authority. Such 
bond shall be filed with and kept by the clerk of court. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 14S7. 

§ 53-144. Salaries, expenses and equipment. 

The deputy sheriffs in Beaufort County shall in addition to their salaries re- 
ceive sixty dollars per month each for expenses, if so much be necessary, 
both salaries and expenses to be payable monthly by the county treasurer 
upon the warrants of the governing body of the county out of the funds of 
the county. Before issuing any warrant to any deputy sheriff the governing 
body of the county shall require such deputy sheriff to take and subscribe 
to the oath that he has fully and faithfully performed, during the preceding 
month, the duties required of him by this article. The deputy sheriffs shall 
provide themselves with such weapons as may be prescribed by the sheriff 
and with motor vehicles for regular use in riding over the county and per- 
forming their duties as deputy sheriffs and shall receive no other compensa- 

339 



§ 53-145 Code of Laws of South Carolina § 53-149 

tion in fees or otherwise for any service they may perform except as herein 
provided. 
1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487; 1951 (47) 506. 

§ 53-145. Badges. 

The governing body of the county shall furnish to each sheriff suitable 
badges to be prescribed and approved by the governing body. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-146. General supervision. 

The deputy sheriffs shall be under the supervision and general direction 
and control of the sheriff and subject to his call at all times. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-147. General duties. 

The deputy sheriffs shall, under such control and direction of the sheriff, 
patrol and police the county, especially the rural districts, to prevent crime 
and disorder and to detect and prosecute for violation of the criminal laws 
of every kind. They shall make arrests upon their own initiative, as well 
as upon complaint, serve warrants and perform such other duties as may be 
required of them by the governing body of the county not incompatible with 
the discharge of their duty to patrol their districts. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-148. Particular duties. 

The deputy sheriffs shall remain on duty at night, when necessary or 
when circumstances suggest the propriety thereof, to prevent crime or make 
an arrest. They shall be on duty for not less than ten hours each day, except 
when granted occasional indulgences or leaves of absence by the sheriff. They 
shall visit railroad depots, stores and other public places where people con- 
gregate or disorder is probable or where vagrants may be loafing or alco- 
holic liquors may be used contrary to law. They shall, as often as practicable, 
ride by houses that are remote from the public highways and in lonely parts 
of the county, especially such as are without male protectors. They shall 
use every means to prevent, detect, arrest and prosecute for breach of the 
peace, vagrancy, drunkenness, gambling, using obscene or profane lan- 
guage, boisterous conduct or discharging firearms on the public highway or 
at any public place or gathering, carrying weapons contrary to law, setting 
out fire, violation of the game, fish and dog laws, cruelty to animals and chil- 
dren, violation of the child labor laws and violation of any other criminal 
law of this State, especially the laws relating to the use of alcoholic liquors. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-149. Inspection of roads, bridges, etc., warnings. 

The deputy sheriffs shall look after the county roads and bridges and in- 
spect them from time to time. Especially they shall inspect the bridges after 
any freshet or heavy rains that might render them unsafe. Upon their find- 

340 



§53-150 Peace Officers §53-153 

ing work necessary on any road or bridge they shall notify the members of 
the governing body of the county in that township and report such notifica- 
tion to the chairman of the governing body of the county. They shall post 
warnings upon any dangerous roads and bridges at such convenient places 
as will best serve the interest of the traveling public. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-150. Service of papers for governing body of county. 

The chairman of the governing body of the county may require any one 
of the deputy sheriffs of the county to serve without payment of any costs, 
fees or compensation other than his regular salary any notice, summons or 
other process connected with the duties of the governing body of the county 
and such deputy sheriff shall without delay make return thereon as provided 
by law. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-151. Duties of former magistrates' constables in certain townships. 

The duties of the former magistrates' constables for Beaufort, Bluffton and 
Sheldon townships are hereby devolved upon the deputy sheriffs provided 
for in this article, each deputy sheriff to do the work of the magistrates 
in the district to which he is appointed or assigned. All civil work formerly 
performed by the magistrates' constables in Beaufort, Bluffton and Sheldon 
townships shall be performed by the deputy sheriffs and the cost provided 
by law for such service shall be turned over to the deputy sheriff perform- 
ing the civil work, but in no case shall his fee be more than one dollar 
for service of all papers and similar services, with an additional allowance 
of five cents a mile for travel expenses consumed when the deputy must 
travel more than three miles to perform such civil work, such fee to be 
allowed only on the service of papers. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-152. Collection of certain taxes. 

The deputy sheriffs shall collect delinquent commutation taxes. They 
may require the production of receipts for the payment of such taxes or 
other evidence of such payment. And they shall report to the county treas- 
urer the names of such persons as they may find liable for commutation 
taxes who have not paid such taxes. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-153. Authority and powers generally. 

The deputy sheriffs may, for any freshly committed crime, upon view or 
upon prompt information or complaint, arrest without warrant any violator 
of the law and, in pursuit of the criminal, they may forcibly enter houses in 
their own county where such criminal has concealed himself or may be har- 
bored by the owner or occupants of such house. When an arrest is made 
without warrant the person arrested shall be forthwith carried before the 

341 



§ 53-154 Code of Laws of South Carolina § 53-159 

nearest magistrate, a warrant of arrest procured and the case disposed of ac- 
cording to law. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§53-154. Deputies have all powers of constables; service of criminal process 
and jury summons. 

The deputy sheriffs provided for in this article shall have the same powers 
as are conferred on constables of the county and shall serve any summons, 
warrants or other process of a criminal nature and shall serve jury summons, 
civil or criminal, of any court in the districts patrolled by them, when patrol- 
ing such districts, without compensation. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-155. Reports to sheriff, including reports of whereabouts. 

The deputy sheriffs shall report all their acts and all known or suspected 
violations of the criminal laws to the sheriff and magistrates of the county 
once each week, or oftener if required by them, and they shall at all times 
obey and carry out the orders and directions of the sheriff when not incon- 
sistent with the terms of this article. They shall keep the sheriff and magis- 
trate advised as to where they may be found whenever needed. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-156. Monthly reports to county treasurer. 

On the first of each month the deputy sheriffs shall report to the county 
treasurer a sworn statement of all sentences and fines imposed in cases prose- 
cuted by them during the preceding month. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-157. Deputies not to accept gratuities, etc. 

The deputy sheriffs shall not accept any gratuities, gifts or fees from any 
source whatsoever for any service rendered during their term of office. 

1942 Code §3552-4; 1932 Code §3497: 1931 (37) 265; 1932 (37) 1487. 

§ 53-158. Investigation of complaints. 

The chairman of the governing body of the county directly and the grand 
jury of the county shall investigate promptly any complaint made against 
any deputy sheriff for neglect of duty or misuse of power. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

§ 53-159. Removal for taking part in politics. 

It shall be a cause for removal for any deputy sheriff appointed under the 
provisions of this article, during the term for which he has been appointed, to 
take any active part in politics, either directly or indirectly, in his own be- 
half or in the behalf of anyone else. But this section shall not be construed 
to interfere with the power of the Governor to remove such deputy sheriff as 
herein provided. 

1942 Code §3552-4; 1932 Code §3497; 1931 (37) 265; 1932 (37) 1487. 

342 



§ 53-171 Peace Officers § 53-175 

Article 7. 
Deputy Sheriffs of Richland County. 

§ 53-171. Appointment and compensation. 

The sheriff of Richland County may appoint four deputy sheriffs to assist 
in law enforcement in the county and to serve during the pleasure of the 
sheriff. Such deputy sheriffs shall receive such compensation as is fixed in 
the annual county supply act but none of them shall receive any additional 
compensation as witness fees or otherwise for appearance in the court of 
general sessions for Richland County. 

1942 Code §3552-10; 1932 (37) 1206. 

§ 53-172. Qualifications. 

Such deputies so appointed shall be able-bodied men of good habits, of 
known courage, coolness and discretion, shall not be addicted to the use of 
alcoholic liquor or drugs and shall have at least a sixth grade common school 
education or the equivalent thereof. 

1942 Code § 3552-10; 1932 {37) 1206. 

§ 53-173. Bond. 

Each of such deputy sheriffs, before entering upon the duties of his office, 
shall enter into a surety bond in the sum of five hundred dollars to be ap- 
proved by the clerk of court as to sufficiency and by the county attorney as 
to form and legality and to be filed with the clerk of court. This bond shall be 
given by the deputy for the faithful performance of his duties and for the 
payment of such damages as might be sustained by reason of his malfeasance 
or misfeasance in office. 

1942 Code §3552-10; 1932 (37) 1206. 

§ 53-174. Uniforms and other equipment. 

The deputy sheriffs shall wear such uniforms and such insignia of office as 
shall be provided by the governing body of the county. The governing body 
of the county shall furnish such deputy sheriffs with proper uniforms, pistols 
and other necessary equipment and pay for the same, together with bond 
premiums, out of the county's ordinary funds. 

1942 Code §3552-10; 1932 (37) 1206. 

§53-175. General duties. 

The deputy sheriffs shall act under the general direction and control of the 
sheriff of the county and shall patrol the entire county, especially the rural 
districts, and prevent or detect and prosecute for all violations of the crim- 
inal laws, making arrest for any suspected crime whether upon view or im- 
mediate information or complaint. They shall report their acts and doings 
and all known violators of the law to the sheriff once each week and they 
shall at each term of the court of general sessions, whenever so required by 
the solicitor, presiding judge or grand jury, appear before them or any of them, 

343 



§ 53-176 Code of Laws of South Carolina § 53-192 

to be by them advised, instructed and charged in respect to their duties and 
questioned as to the conditions of lawlessness in the county. 
1942 Code §3552-10: 1932 (37) 1206. 

§ 53-176. Further duties ; powers. 

The deputy sheriffs shall patrol the entire county as often as practicable 
and do police duty in any district in which they may be instructed by the 
sheriff to serve. They shall always be on duty not less than ten hours each 
day, except when granted a leave of absence by the sheriff. They may for 
any suspected crimes, whether upon view or prompt information or com- 
plaint, arrest without warrant and, in pursuit of the criminal, enter houses 
or break therein, in their own county. 

1942 Code §3552-10; 1932 (37) 1206. 

§ 53-177. Investigation of complaints against deputies. 

The sheriff, the governing body of the county and the grand jury of the 
county shall investigate promptly any complaint made against any such 
deputy sheriff for neglect of duty or for the misuse of power. 

1942 Code § 3552-10; 1932 (37) 1206. 

§ 53-178. Sheriff to report quarterly to grand jury. 

The sheriff shall make a report every three months to the grand jury, a 
copy of which shall be filed with the governing body of the county, as to the 
work of the sheriff and the deputies herein appointed. 

1942 Code §3552-10; 1932 (37) 1206. 

Article 8. 
General Duties and Powers. 

§ 53-191. Where offices kept. 

The sheriffs of the several counties throughout this State shall keep their 
several offices in the city, town, village or place where the respective court- 
houses are established and in the courthouse, if there be one. 

1942 Code §3510; 1932 Code §3510; Civ. C. '22 §2053; Civ. C. '12 §1160; Civ. C. '02 
§836; G. S. 655; R. S. 716; 1839 (11) 39. 

§ 53-192. Books. 

The sheriff of every county shall keep and preserve as public records in his 
office the separate books mentioned in this section, of good material and 
strongly bound, each containing not less than eight quires of medium paper 
and labelled with its appropriate title, to wit : 

(1) A "Writ Book," in which the sheriff, immediately on the receipt of any 
writ of habeas corpus, citation, writ of capias ad respondendum, summons, 
subpoena writ, subpoena ticket, rule, interrogatories, notice to be served 
upon any person, subpoena ad respondendum, writ of ne exeat, injunction, 
warrant, attachment or any other mesne process whatever, issuing from either 
the circuit or the probate court, shall make an entry thereof, with the date, 

344 



§ 53-193 Peace Officers § 53-193 

and endorse on the original the time of such entry in his office. The writ 
book shall be laid off into separate and suitable columns in which the sheriff 
shall enter the names of the parties, the name of the attorney, the kind of 
process, the kind of action or kind of offense, when entered, by whom served, 
how served, when served or other return and the sheriff's costs. The sheriff 
shall make a true index in the book to all the entries therein. 

(2) An "Execution Book," in which the sheriff, immediately on the receipt of 
any fieri facias, capias satisfaciendum, attachment for not performing a 
decree, writ of habere facias possessionem, restitution, military or other exe- 
cution or any other final process whatever (which, according to law, may be 
lodged with him) shall enter the same and endorse on such final process the 
time of such entry in his office. The execution book shall be laid off into 
separate and suitable columns in which the sheriff shall enter the kind of 
process, when lodged, the time of the original entry, the names of the parties, 
the debt and interest, and (underneath, in the same column) the attorney's, 
clerk's, sheriff's and other costs, attorney's name, the amount received, date 
of levy or other return or disposition of the execution and receipts of the 
plaintiff, attorney, clerk, sheriff, witnesses or others entitled to costs or 
their agents or representatives. The sheriff shall make and keep correct 
and double indexes in such book of the cases entered therein, so that the 
name of each and every defendant in an execution may be entered in alpha- 
betical order. 

(3) A "Sale Book," in which the sheriff shall enter all sales which he may 
make under any order, decree, execution or final process of any of the courts 
of this State or any officer authorized by law to issue such process to the 
sheriffs of this State and he shall transcribe therein all levies which he shall 
have made (specifying the property and the